I-130 approved but im not sure if i am eligible for AOS...my case is complicated..plz

[jks123456]

In 2008 my mom (US citizen) filed I-130 for me. i was under 21 when she filed it. The case was approved in 2009 and sent to NVC. I came to US on F-1 student visa. Then in 2010, my mom passed away. Then my brother (US citizen) filed for reinstatement of I-130 as a substitute sponsor. The I-130 was re-approved in January 2014 and sent back to NVC for action. Since i am already in US and i fall under immediate relative, i want to file for AOS (adjustment of status). I want to know if i am eligible for AOS. but there is one complication, my F-1 visa is going to expire in march 2014. So please give me your suggestions and opinions, what would you do if you were in my situation?
Also if i go back to india and get the visa, how long does that take usually?

 

[Jackolantern]

Are you still under 21 now? If not, when did you turn 21? When did USCIS revoke the I-130?

Depending on your age and the timeline of events, you might still be eligible for AOS as an immediate relative, or you might have aged out into Family 1st preference which would mean you'd have to wait another year or two to file for AOS.

Once you turn 21, and have an approved based on your USC parent, you would need to pursue AOS or seek to acquire an immigrant visa within a year of the I-130 approval in order to stay eligible as an immediate relative. However if USCIS revoked it during that year after approval, you'd get another year when they reinstated it.

 

[jks123456]

Are you still under 21 now? If not, when did you turn 21? When did USCIS revoke the I-130?

Depending on your age and the timeline of events, you might still be eligible for AOS as an immediate relative, or you might have aged out into Family 1st preference which would mean you'd have to wait another year or two to file for AOS.

Once you turn 21, and have an approved based on your USC parent, you would need to pursue AOS or seek to acquire an immigrant visa within a year of the I-130 approval in order to stay eligible as an immediate relative. However if USCIS revoked it during that year after approval, you'd get another year when they reinstated it.

According to new reapproved I-797 notice, i am still immediate relative (child under 21). I called NVC and they said for me visa is always available. There is no visa expiration date for immediate relative under 21. I called USCIS customer service a few times and everytime they give me different answers. One time they i am eligible and another time they said i am not. It doesnt make sense. Plus i cant afford an attorney right now.

 

[Jackolantern]

According to new reapproved I-797 notice, i am still immediate relative (child under 21).

You can't go by that because it is often wrong when it comes to CSPA cases. Sometimes it says people have aged out when they didn't, or that they're still eligible under the original category even though they actually aged out.

You have to look at the actual facts and understand the rules to know if you're really eligible.

So give us the facts so we can help figure out if you're eligible -- I'll repeat my previous questions: "Are you still under 21 now? If not, when did you turn 21? When did USCIS revoke the I-130?"

I called NVC and they said for me visa is always available. There is no visa expiration date for immediate relative under 21.

You can't rely on what people on their phones tell you.

However, some reading of the regulations seems to indicate that the one-year deadline does not apply to immediate relative cases, so you're probably OK.

I called USCIS customer service a few times and everytime they give me different answers.

The people on the phone are consistently inconsistent. It is dangerous to rely on them. At this point, go ahead and file for AOS and see what happens. And don't leave the US until you have the green card itself, because if you are denied when you're outside the US you'll have problems reentering to challenge the denial.

 

[jks123456]

You can't go by that because it is often wrong when it comes to CSPA cases. Sometimes it says people have aged out when they didn't, or that they're still eligible under the original category even though they actually aged out.

You have to look at the actual facts and understand the rules to know if you're really eligible.

So give us the facts so we can help figure out if you're eligible -- I'll repeat my previous questions: "Are you still under 21 now? If not, when did you turn 21? When did USCIS revoke the I-130?"


You can't rely on what people on their phones tell you.

However, some reading of the regulations seems to indicate that the one-year deadline does not apply to immediate relative cases, so you're probably OK

The people on the phone are consistently inconsistent. It is dangerous to rely on them. At this point, go ahead and file for AOS and see what happens. And don't leave the US until you have the green card itself, because if you are denied when you're outside the US you'll have problems reentering to challenge the denial.

Thanks so much for the speedy reply. I am not under 21 anymore. My mom filed I-130 in may 2008 and it was registered in june 2008. I turned 21 in july 2008 and the I-130 was approved after. So i was looking online and i found out that according to CSPA the actual date starts when the case is filed. If the beneficiary was under 21 when the case was filed, he will still be considered as a child under 21. He wouldn't age out.
USCIS revoked I-130 in march 2013. At this point im pretty positive. I just need an extra push by someone who knows this stuff. Thankyou again

 

[Jackolantern]

Your potential problem is not aging out per se, but could be from the one-year deadline to pursue AOS or an immigrant visa. See http://www.philstar.com/opinion/201...aps-cspas-one-year-sought-acquire-requirement

If that one year requirement applies to you, you will be denied unless you "sought to acquire" within a year after the I-130 approval. However, it apparently does not apply to you because of the Immediate Relative rules. But since the CSPA has so many nuances and interpretations, some people are wrongfully denied and ultimately have to appeal to get the green card. That's why it's important to stay in the US until your case is resolved, because with you being 26 years old and well past the one-year deadline, your case may end up with an adjudicator who (mis)interprets the rules against you, and you could have to fight it out in court.

 

[jks123456]

thanks for the heads up! I am little scared bcoz the complications in my case. I know in my case everything is right and
true and in the limits of laws and regulations but like u said if somebody misinterprets the laws and denies it. In order to avoid it, i cant do much but attach an explanation letter mentioning how different acts cover the weak points of my case. For example, Act 245(i), CSPA act, laws about petioner's death, etc. Do u think its a good idea or stupid.
I know the immigration officers are experienced people. They know all the laws and stuff better. But they could make a mistake or miss something. So that letter would be just a little reminder.

 

[Jackolantern]

In order to avoid it, i cant do much but attach an explanation letter mentioning how different acts cover the weak points of my case. For example, Act 245(i), CSPA act, laws about petioner's death, etc. Do u think its a good idea or stupid.

Don't bother with a heavily detailed letter unless it's written by a lawyer. Just submit the application with proof of the I-130 being reinstated in Jan 2014, and proof of your mother becoming a US citizen before you turned 21, with a simple cover letter stating that you are still eligible under the CSPA as an immediate relative because the petition was filed by your US citizen mother before you turned 21, and hope they will do the right thing.