Has anyone gone through this same experience: Petition update.

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chills

Registered Users (C)
My mom is going to be filing her n-400, citizenship naturilization from, in Febuary and after she gets her citizenship she's looking to update the i-130 petition that she filed for me while she was a permenant resident. We have spoken to several immigration officials, and they say that when she updates my petition priority that I will be placed in the 1st priority category because when she originally filed my petition I was under 21.

My whole question is will I be granted permenant residency immediately after we file for adjustment of status, being that I was under 21 and subsequently first status when she originally filed a petiton for me, or would I have a certain amount of time in which I would have to wait to attain permenant residency after the i-485 is filed. If the latter is the case, what is the estimated time wait that I would be looking at?

I would appreciate it if anyone that has gone through a similar situation can tell me what happened to them, or if anyone that knows of someone that has gone through a similar situation can give me some feedback on my question. Also, if anyone is knowledgeable enough in immigration law, and has a good idea of the time estimates regarding this situation, please lend me in on what you know.
 
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Hi,You will have to post your priority date of your petition.Department of state bulletin says they are curently working on April -22 -01.when upgrading a petition it normally takes a year before you finnish with the paper-work and have the green card in your hands.So consider your options before taking that step oh I forgot to mention your being under twenty one at the time of the petition being filed having no bearing on your case now.
 
Actually, I've talked to several immigration lawyers and organizations; and what they tell me is that, since I have been waiting for 3 years and a month, now, that what they'll do is subtract that time from usual time it takes for a child whos parents is a us citizen to gain their PR.

Again, if anyone has gone through a similar situation I would appreciate you giving me details of your experience.
 
I have done the same thing

I have done this. My parents were Green card holders when they filled for my immigration. Today they are Citizen and all you have to do is send a letter to Visa Processing Center (you can get the address from www.uscis.gov. I dont have that handy.) Attach you mother's naturalization certificate, A G-6XX form(Call USCIS for that) and the copy of Notice of Approval. Your priority date will be the same as filled since this is just upgrading th application category. My situation was

My Parent filled for me in Nov 1997.
Petetion approved priority date Dec 1997.
My Parents got their USC 2003 February.
Filled the above documents.
Petetion got updated.
I got GC.
 
Wait, I don't get something in your case. You say that your petition was approved in 1997? or do you mean that you received your receipt on december 1997?

and if so how long after your petiton got updated where you granted a permenant residency?
 
Also, if the priority date is the same then what is the use of upgrading the petition? I thought the whole process of updating a petition was to speed it up.
 
change petetion

well since the priority date is same in my case Dec 1997. I was in F2B the cut off date is still in 1996. But since I moved to F3 the cutoff date is May 1998. Hence I can get GC immediately. When I say it got approved in 1997 it means the petetion got acceted in 1997 and not got GC in 1997. Sorry for that confusion.
 
To chills if you have spoken to several immigration lawyers and organisations and still have questions on your mind then how can us ordinary people help you to understand?You have to give us your priority date.Do you know where to look for it.It will be on your approval next to your case#.
To lc_in_process can you tell us how long your process take from the time your parents send in their naturalised certificate to NVC to what date you recieved your green-card so that we can help chills to figure out how long his or her green card process will take so that person can know if it is better to upgrade the petition or await for the F2b for F1 is not moving that much for the past year but most time when people upgrade their case becomes current but they still have to wait atleast a year for the paper-work to be completed.
 
Well that is correct that you still have to wait for atleast a year to get their GC but you will have the EAD. I appologize beut i dont want to give detailed timeline but totally it took about 7 months.
 
Hi lc_in_process that's ok it is not so important to have the exact timeline but you said it took seven months that's fast so chills should do some maths here and makes a decision on the way foward on the petition for a green card.
 
Well, I'm not too familiar with the cut-off dates but what I do know is that on USCIC website they claim that their processing i-130 cases from April 12 of 2002. My petition was accepted in September 28,2002 so I'm not sure if I'll be looking towards a 6 month wait in order to get my petition approved. What are you guys opinion on the question posed?
 
Chills I am sorry to be the bearer of bad news but you do have a lot of time more to wait for your green card the priority date for f1 category is April 2001 so even if you upgrade your petition you have to wait on you PD.F2b is even a longer wait so please don't make plan for anytime soon.
 
That's weird, why would they say they're working on april of 2002 then on the USCIS site? Ohh well, I guess there is never any good news when it comes to immigration.
 
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Chills don't lose hope we have all been waiting for many many years here so you are not alone and yes nothing is quick about immigration.
 
Thanks for your concern. See, my problem is that I built a relationship with someone online, a year and a few months now, and she lives in another country. I was brought here by my parents on a student, so it wasn't my choice. My father brought us here and abandoned us. Well my mom filed a petition for me when I graudated high school, which was in 2002, and I've been waiting since then. Since then, I met the girl I told you about, and we have gotten really close. We want to someday get married and have kids but this immigration issue and her custody battle that she is going through atm, makes it hard on our relationship. Since her kids can't legally travel without her ex agreeing to it--which will never happen-- I'm going to be the one that has to move for us to be together. My problem is that if I move now, I may not be able to come back in this country for another 10 years; that would hurt me alot because I love my family and I want to be able to visit them, but at the same time, I love her and I want to start a life with her. We have already been waiting for a year now because of my immigrant situation and with these estimated times I'm hearing, it might be 3 years before we can be together, and I can travel back here to visit my family. The thing is that I don't want to wait that long, my girlfriend is currently31 and if we are to have kids it has to be within the next few years.

It's a hard situation. Ultimately, I think I'm going to have to give up seeing my family for 10 years in order to be with her.
 
I'm kind of confused as far as where to find what your priority date is. Is the priority date shown in a letter they send you when your petition is approved, or is it shown in the receipt they give you of your petition?

I haven't had my petition approved , yet, so does that mean that I'll be left in the dark as to what my priority date is till my petition is approved?
 
Well our Priority date is at the left hand corner on the bottom of our approval.That website that you was visiting is the dates that they are sending out approvals the website that I gave to you is the one the are working on to give you the green card.My advice in all of this is for you to stick it out in the US(I know it is hard to be apart from your love one)whilest your intending partner fix up her problems with her kids.You are very fortunate to be there,please just wait it out you will thank me one day.Don't go back for that ten year bar should one of your loved one in the US sick or even pass away then you won't get to be with them.2002 is'nt that long to wait but if she could get to come to the US and if you could get married then you mom could file F3 visas which will bring your case to current but the problem is how to get you both in one place to get married.It is illegal for her to use a visitor visa to get marry.Consult a lawyer on this.
 
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