Family immigration-Pls Help!!!

J

Jaggy

Registered Users (C)
Have this query for a friend pls do help him out

My father became a Permanent resident in May/June 2003 and he filed I-130 for me in Nov 2003. I am 26 years old i am in the US on H1 Visa. Recently we received a letter from INS requesting more evidence/information on the I-130 immigration petition . I have a few questions on that.

1. Is it possible to know how much time its going to take to process the I-130 to its approval.
(the letter from INS said that they will take a decission based on the information submitted)
2. Would i be eligible to file the I-485 after the I-130 approval, considering that i am currently in US.
3. Would i be eligible to apply for a EAD card when i file for I-485.
4. Would i be eligible to file for an adjustment of status after the I-130 approval.
(not sure if 3 and 4 mean the same thing or are two different things)

It would be really helpful if i can get the answers of these questions.
 
Jaggy said:
Have this query for a friend pls do help him out

My father became a Permanent resident in May/June 2003 and he filed I-130 for me in Nov 2003. I am 26 years old i am in the US on H1 Visa. Recently we received a letter from INS requesting more evidence/information on the I-130 immigration petition . I have a few questions on that.

1. Is it possible to know how much time its going to take to process the I-130 to its approval. (the letter from INS said that they will take a decission based on the information submitted)
You fall under second preference category (F2B) for family based immigration (provided you are still unmarried) and the wait is a couple of years depending on your country. An RFE could delay your process till you send the required information. Look here for cut off dates...
http://travel.state.gov/visa/frvi/bulletin/bulletin_2084.html


2. Would i be eligible to file the I-485 after the I-130 approval, considering that i am currently in US.
You have to maintain legal status on your own till your I-130 gets approved. I-130 gets approved when PD is current and an immigration visa number is available. You can apply I-485 based on an approved I-130.


3. Would i be eligible to apply for a EAD card when i file for I-485.
Yes
4. Would i be eligible to file for an adjustment of status after the I-130 approval.
I-485 is for adjustment of status. See answer for ques 2.
(not sure if 3 and 4 mean the same thing or are two different things)

It would be really helpful if i can get the answers of these questions.
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