Eoir 42b visa availability for FY 2019

My daughter too turn 21yrs last year I asked a lawyer about and I was told if you already have your last hearing and waiting for green card from the 4000 available you are okay
 
Sandrabel said:
07/2023
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Talk to your lawyer but I will share my own experience which is very similar to yours (this is not an advise).
Once your child turns 21, you can file for a i130 which is (petition for alien relative). As of today, it takes roughly 10 to 15 months to get approved. Once approved, you can file another I485 (you cannot use the same one you used for your 42b- cancellation of removal). That alone will take another 12-14 months and you need to go back to court to ask the judge to cancel you 42b process based on an approved i130 (in my case, my lawyer said it would add another 3 months to speak with the judge).
He recommended me to keep my 42b case active until the approval of I130 since things are very weird with immigration now and to avoid problems.
Long story short, he told me to stay quiet with my current process because I would have to spend another 12k in fees (lawyer and uscis - me and my spouse) and I would probably save 12 months if all that.
Now... Here comes my opinion. If I could go back in time, probably I would go forward and start the i130. Maybe look for a lawyer that can file the papers for cheaper.
My verbal approval was Feb/2022 and my child turned 21 in 2023. It seems that every year is taking longer and longer and by filling a I130, at least you'd would have a solid plan B in place.
Keep in mint that my situation has happened in 2023 and maybe things are different now. Talk to a good lawyer.
 
Rocky_Balboa said:
Talk to your lawyer but I will share my own experience which is very similar to yours (this is not an advise).
Once your child turns 21, you can file for a i130 which is (petition for alien relative). As of today, it takes roughly 10 to 15 months to get approved. Once approved, you can file another I485 (you cannot use the same one you used for your 42b- cancellation of removal). That alone will take another 12-14 months and you need to go back to court to ask the judge to cancel you 42b process based on an approved i130 (in my case, my lawyer said it would add another 3 months to speak with the judge).
He recommended me to keep my 42b case active until the approval of I130 since things are very weird with immigration now and to avoid problems.
Long story short, he told me to stay quiet with my current process because I would have to spend another 12k in fees (lawyer and uscis - me and my spouse) and I would probably save 12 months if all that.
Now... Here comes my opinion. If I could go back in time, probably I would go forward and start the i130. Maybe look for a lawyer that can file the papers for cheaper.
My verbal approval was Feb/2022 and my child turned 21 in 2023. It seems that every year is taking longer and longer and by filling a I130, at least you'd would have a solid plan B in place.
Keep in mint that my situation has happened in 2023 and maybe things are different now. Talk to a good lawyer.
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I received the same advice from my lawyer and he told me that I will need a consular process too.
 
Rocky_Balboa said:
Talk to your lawyer but I will share my own experience which is very similar to yours (this is not an advise).
Once your child turns 21, you can file for a i130 which is (petition for alien relative). As of today, it takes roughly 10 to 15 months to get approved. Once approved, you can file another I485 (you cannot use the same one you used for your 42b- cancellation of removal). That alone will take another 12-14 months and you need to go back to court to ask the judge to cancel you 42b process based on an approved i130 (in my case, my lawyer said it would add another 3 months to speak with the judge).
He recommended me to keep my 42b case active until the approval of I130 since things are very weird with immigration now and to avoid problems.
Long story short, he told me to stay quiet with my current process because I would have to spend another 12k in fees (lawyer and uscis - me and my spouse) and I would probably save 12 months if all that.
Now... Here comes my opinion. If I could go back in time, probably I would go forward and start the i130. Maybe look for a lawyer that can file the papers for cheaper.
My verbal approval was Feb/2022 and my child turned 21 in 2023. It seems that every year is taking longer and longer and by filling a I130, at least you'd would have a solid plan B in place.
Keep in mint that my situation has happened in 2023 and maybe things are different now. Talk to a good lawyer.
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Thank you so much very good information.My lawyer asking me 15k for i130 filing.
Today I spoke with court employee for my case decision,She said When it’s visa number available we will notify you. I ask her when is the visa number available then she said it’s take some time. I am also filed motion to expedite my case because My daughter going to turn 21 this month.
My final hearing was May 2022 NY.
 
Sandrabel said:
Hu, yes I am in the same situation as you but my daughter turned 21 last month. I did a motion to expedite my case but it was denied by the IJ for not having available visas,just said when there are available visas your case will be decided. I have my husband and two more kids as qualifying family member on my case,hoping the judge can grant my case. I am in NYC
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Thank you.praying for everyone …Hope for the best.
 
Rocky_Balboa said:
Talk to your lawyer but I will share my own experience which is very similar to yours (this is not an advise).
Once your child turns 21, you can file for a i130 which is (petition for alien relative). As of today, it takes roughly 10 to 15 months to get approved. Once approved, you can file another I485 (you cannot use the same one you used for your 42b- cancellation of removal). That alone will take another 12-14 months and you need to go back to court to ask the judge to cancel you 42b process based on an approved i130 (in my case, my lawyer said it would add another 3 months to speak with the judge).
He recommended me to keep my 42b case active until the approval of I130 since things are very weird with immigration now and to avoid problems.
Long story short, he told me to stay quiet with my current process because I would have to spend another 12k in fees (lawyer and uscis - me and my spouse) and I would probably save 12 months if all that.
Now... Here comes my opinion. If I could go back in time, probably I would go forward and start the i130. Maybe look for a lawyer that can file the papers for cheaper.
My verbal approval was Feb/2022 and my child turned 21 in 2023. It seems that every year is taking longer and longer and by filling a I130, at least you'd would have a solid plan B in place.
Keep in mint that my situation has happened in 2023 and maybe things are different now. Talk to a good lawyer.
Click to expand...
The thing is if you are in deportation proceedings, any I130/I485 would be denied do to it specifically asking if you are or have been in deportation proceedings. Years past the Court would need to dismiss your case if they deemed the adjustment of status process would be a viable option, but this administration is not dismissing cases and is even reopening cases that were dismissed or cases in which people are already citizens or LPRs and trying to take away their status. In most cases its best to keep the COR case since EOIR can supercede DHS.
 
As far as I know, only parents and spouses are eligible to apply for a 601A waiver, while children can only file Form I-130, not Form I-601A. Additionally, for parents applying for a 601A waiver, the beneficiary must be unmarried. Please consult your lawyer for specific details.
 
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