confused,I130 approved now what?

S

serg602

New Member
i live in Arizona....

Well i been living in the U.S about 98percent of my life and i was recently approved of petition I130-immigrant petition for relative,unmarried child under 21 of permanent resident,203(a)(2)(A)INA
and i recieved a I-747.,now what do we do?..,....

do i fill out form I-485?or should that been done along time ago?
Do i wait for someone to contact me? such as US consulate?or what?
im geussing since im already living in the U.S i can file I-485 but im not sure and that is my confusion,any help is greatly appreciated towards my direction of actions:) thnx
 
What's up? Hope you are doing okay. You won't be able to apply for adjustment of status as of yet. You have to wait until your petition becomes current at the National Visa Center.
 
F2A/Follow to Joint

Before we can answer your questions, you need to clarify what your priority date is, how you parent got his or her green card, and whether you have a valid non-immigrant visa or you are out of status?
 
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more info about,help:)

well my priority date is April 30,2001,my country of origin is Mexico and my mom bacame a resident through her brother a long time ago when she was attending high school here in the u.s

im also confused by this statement on the petition-"The above petition has been approved.The petition indicates that the person for whom you are petitioning is in the United States and will apply for adjustment of status.He or she should contact local INS off office to obtain form I-485 Application for permanent residence." -so do i still have to wait for NVC to contact me or do i obtain I-485 since im in the states?
sometimes i wish my mom wouldve popped me out in the us.lol..thnx
 
answers

Sorry man,
I got some good news and bad news for you

Since you petition was filed before April 30 , 2001, you are eligible for 245i clause if you can prove that you lived in the U.S. on Dec 21, 2000. You are lucky that you mother filed your petition on the date of 245i clause sunset.

Who is Eligible? (Note: This program ended April 2001.)
You are eligible if one of the reasons above prevent you from using the regular section 245 provision AND:

You are eligible to receive an immigrant visa and are admissible to the United States for permanent residence;


An immigrant visa is immediately available at the time your application is filed;


Your visa petition or application for labor certification that would qualify you to become an immigrant was filed on or before April 30, 2001, was approvable when filed; AND


If your petition or application was filed after January 14, 1998, then you must also prove that you were in the U.S. on December 21, 2000.
If eligible, you must pay the penalty fee of $1,000.


http://uscis.gov/graphics/howdoi/hdi245i.htm


Now bad news

Since you are from Mexico, the current cut-off date is Nov 1, 1998 for mexican citizen so that you still have to wait few year to file AOS.

I do not know why your mother did not file follow to joint when she got her GC. in that case you should have got your GC with your mother. Since you are still under 21, you should talk to a lawyer to see whether you are still eligible to file joint to follow.

You should not leave the country, if you are over 18 years old. otherwise you will face 3/10 ban from the u.s. your illegal present start to count at the time you turned into 18 years old.

245i CAN ONLY APPLY FOR PEOPLE WHO ARE IN THE U.S. TO FILE AOS AND PAY $1,000 FINE.

I am not a lawyer. you should discuss with a competent lawyer for detailed procedure

Here is the link to check your cut-off date

http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html

The department of state release new date in the middle of each month.

good luck
 
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What's up Familybased? Hope you are doing okay. I have also been living in this country since childhood. I entered with a Vistors Visa and overstayed. In March 2004 my mother a U.S. Permanent Resident petition for me. The petition was approved on June 2005, will I be able to adjust status or that I have to consult with an immigration attorney when a immigrant Visa number becomes availiable.
 
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