AOS question

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LadyM

Registered Users (C)
Can anyone tell me what is the window for filing AOS when PD becomes current? Is there a specific period in which to get your application in?:)

Thanks for your response
 
The window where you can file for AOS starts on the 1st day of the month for the given visa bulletin where your PD is current, and ends on the last day of that month. So for the latest bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) which is September 2010, if your PD is current based on that bulletin you can file for AOS anywhere from the 1st of September to the 30th of September.

In order to file for AOS, your PD must be before the published cutoff date for your category in the visa bulletin, not equal to it.

The October bulletin will be published around the 2nd week of September. So if your PD would still be current for October, you don't need to file by the end of September, you can file in October if you want.
 
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thanks for the info. my pd is now current which is May 2001, which is August 1st to 31st according to ur post. Am i understanding that I can file up to Sept 10th when the new bulletin is posted?
 
No, September 10 is not a deadline for filing, it is the approximate date when they'll publish the October bulletin. When they publish that, you'll see if your PD will be current for October, which determines if you'll also have the option to file anytime in October.

You need to look at the title month for each bulletin ("Visa Bulletin for MMMM YYYY" at the top of the page), not the month when it was published. Each bulletin is published in the month before it actually takes effect. Basically, as long as there is a bulletin where your PD is current for the month named in the title of the bulletin, you still have the option to file for AOS anytime in that title month (assuming you've met the other requirements, of course).

What is the category and country for your petition?
 
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I have an approved petition through my sister and will be filing for AOS under 245i. My priority date is May 1, 2001 which is now current (month of august) I am talking to a lawyer to help with AOS due to my overstay.

Thanks for ur info.
 
So you are family-based 4th preference. Your PD is current* for both August and September, which means you can file for AOS anytime from right now to the end of September.

*but it would NOT be current if you were born in Mexico or the Philippines.
 
Thanks for your input Jackolantern,

I am now preparing my AOS packet with the help of an immigration attorney.
 
LadyM said:
I have an approved petition through my sister and will be filing for AOS under 245i. My priority date is May 1, 2001 which is now current (month of august) I am talking to a lawyer to help with AOS due to my overstay.

Thanks for ur info.
Click to expand...

Does a PD of MAY1 2001 mean there might be delays in establishing eligibility for 245i since the deadline for 245i filing was April 30th 2001?

Also just to clarify, the deadline to file for AOS never really expires does it? I mean technically OP could file for AOS in two or three years as long as the PD was current?
 
praxx said:
Does a PD of MAY1 2001 mean there might be delays in establishing eligibility for 245i since the deadline for 245i filing was April 30th 2001?

Also just to clarify, the deadline to file for AOS never really expires does it? I mean technically OP could file for AOS in two or three years as long as the PD was current?
Click to expand...


I know that a PD of May 1, 2001 means that is the day your petition was received. As for the AOS deadline Im not quite sure because I hear lots of different things. One Immigration hotline rep. told me a window of a year. Someone else might want to answer you on this.
 
If the application is postmarked by April 30th 2001, then u still qualify for 245i. That is my understanding, you might want to read up on that. I will also do some clarifications myself. Pls also share what u find.
Thanks
 
According to the memo, INS field offices and service centers must retain evidence of the dates on which immigrant visa petitions or adjustment of status applications were mailed as part of the record of proceedings for all such petitions and applications they received from May 1, 2001, through May 3, 2001. The record of proceedings must include the original postmarked envelope or a copy of it, a private mail service invoice, or a metered envelope. All applications considered filed on or before the Apr. 30, 2001, sunset date that are received on or after May 1, 2001, must bear a stamp stating "Filed Prior to 245(i) Sunset."
(nilc.org)
Also my approved I-130 (NOA) stated that I could apply 245i
 
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I'd also like to add that any kids who aged out of petitions filed under 245i is grandfathered into it and can apply under 245i when parents are permanent residents. My case was opened under that basis with a PD of Feb 2002.
 
I have a friend who is filing for AOS. He was denied AOS temporary residence under life act. How would he answer the question: have you ever filed for permanent residence in the US? would it be yes or no, since he only applied temporary residence in the past.? He could say no.. but his former AOS is in the system.

My thoughts:

check yes, then say LIFE ACT DENIED (show supporting documents)

any thoughts?
 
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