I-130 Approved. Now what?

C

cansciences

New Member
Hi All & Greetings.

Merry Christmas and Happy New Year to all.

I am orig from India now a Canadian citizen. Presently in NY on H1 status. My parents (now US citizens - applied / petitioned for a GC for me - I-130. This has been approved now. Now, I would like to know, what is the likely waiitng time for me to get the GC. Does it matter that I am a Canadian passport holder or does it still go by country of birth.

Any info would be helpful and appreciated much.

Thanks & Regards.
 
It goes by country of birth. But even your I-130 is approved (I am assuming that you are older than 21) you must wait for a visa number, you can check that information at the US deparment of state - Visa Bulletin.
Good luck,

Merry Christmas :)
 
I-130 Approval Qs

Hello Cherr:

Gretings and Merry Christmas to you too.

As I mentioned in my initial post, I have now received noticed of my approval (actually, my dad who petitioned did.) I am a little puzzed about it. The application was made staing that I would apply for a change of status since I am already in the US.

This notice of approval states that though the petition is approved, I am not eligible for Adjustment of Status at this time. SO they give me 2 choices -

1. to let the approval stay in their offices' until I become eligible for such Adjustment of Status. Or

2. FIle I-824 to apply from outside the US (Canada in my case, since I am a canadian citizen.)

Now my question: What's the difference between the two? Ramifications? WHich shuld I opt for to get the Green card at the earliest and approx time frame, please.

Thanks a lot,

kishan
 
Since you must wait for a visa number you can't adjust status right now. (you are over 21 right?).
Since you are over 21, you are not consider an inmediate relative of a USC. That is why you must wait.
Until you become eligible for AOS (Adjustment of Status) you must mantain a legal non-immigrant status while you are in the US. Since you are in H1 you are okay until your H1 is valid.
To apply oustide the US (when your visa number becomes available) is called Consular Processing and the National Visa Center and the Consulate are the ones who are in charge of the process.
You can check out over here the difference between the two process:
http://www.immihelp.com/greencard/adjustment-of-status-vs-consular-processing.html
 
I-130 Approved... Next Step ...

Hi Cherr:

Greetings and agains thank you very much for the reply / post to my query.

And, yes, I am (well over) 21 and single / never married. Can I request you to also tell me which route would be better for me ... to wait for Adjustment of Status OR file I-824 for a Consular Processing - better in terms of my chances of getting the Green card the soonest. Also, would there be a significant time differenc between the two or is it only a few months of difference, sorta.

Thanks and Regards.

kishan
 
As you see in the link that I gave to you is up to you. Sometimes Consular Processing is faster but I don't know the timeline by consulates, you can search over the internet.
Good luck,
 
Priority date is important

Kishan,
Check your priority date. This should be mentioned on your I-130 approval.
Look at this page for the visa dates, which have been issued for the month of
01/2006.
http://travel.state.gov/visa/frvi/bulletin/bulletin_2757.html

Since your father petitioned for the I-130, you'd be falling under "family 1st" category (you already mentioned that u are never married) and the visa date is
22APR01.

Hope that helps,
Pal
My priority date:12/2003
Category: family 2A
I-130 approved
 
Last edited by a moderator:
You must log in or register to reply here.
Top