I-130 Case pending ...Need help

[hannen22]

Dear guys,
I'm case I-130 ( unmarried son of LPR over21) and it was filled in Oct2002 and the case was freezed for so long time after that it was transfered to california service center and now they are telling me that (This case is now pending at the office to which it was transferred) and I want to know:
-how long it will take to make any Process
-how can i accelerate processing
-how long will it take to get my GC
-how long will it take travel to US(Cut off dates march97)

Please anybody help me I have been waitting for so long time and i dont know what to do.

 

[chromedOut]

when is your priority date and where were you born? current priority date is: 08MAR97 for everyone except citizens of mainland china, india, phillipines and mexico.

-how long it will take to make any Process

it is difficult to predict, but assuming you have a PD of OCT02, you are still about 5 years away before you a eligible to file AOS.

how can i accelerate processing

you can't. however, if and when your sponsor is naturalized you will be eligible for first family sponsored preference -- currently at 22APR01.

how long will it take to get my GC

when your priority date becomes current you may file an AOS packet. that can take anywhere from 4-6 months if all goes well, i.e. you don't get stuck in name check.

 

[ozarka]

hey hannen22

my case is similar to urs but not by alot my I-130 was trasnferred to CSC from TSC in Sept of 2006 and is now pending it has been pending for about 3 weeks I was told pending meant that the case was not fully adjucated and is waiting finally decison. From what I heard I dont know if this is true or not u might wanna do some research I heard a I-130 can be approved when its ready then you can file for a I-485 (greencard) and the application will be sent to the National Visa Center and it will sit their untill u get a visa which may be a while in the mean time u can apply for a EAD at the same time your I-485 is pending which will allow u to work

let me know if im wrong or right about the whole I-130 thing

 

[hannen22]

Thanks a lot for you reply

it is difficult to predict, but assuming you have a PD of OCT02, you are still about 5 years away before you a eligible to file AOS.

when your priority date becomes current you may file an AOS packet. that can take anywhere from 4-6 months if all goes well, i.e. you don't get stuck in name check.

What Is AOS ? Can I do That Now???

and there is very important question i want an answer
-Can the PD jumped forward in the next months????
-What Can I do Exept waitting the PD?

 

[hannen22]

Thanks for your reply

my case is similar to urs but not by alot my I-130 was trasnferred to CSC from TSC in Sept of 2006 and is now pending it has been pending for about 3 weeks

This is The same as mine

you can file for a I-485 (greencard) and the application will be sent to the National Visa Center and it will sit their untill u get a visa which may be a while in the mean time u can apply for a EAD at the same time your I-485 is pending which will allow u to work

let me know if im wrong or right about the whole I-130 thing

I don't know what you told about I-485 But I hope anybody tell us any information about when and why we can file I-485

Thanks again

 

[chromedOut]

hannen22 -- you need to give us more specifics about your case so we can give you more accurate information. however, I'll try to steer you in the right direction to the best of my knowledge with the few facts you have presented.

you are currently an unmarried over 21 son of a LPR, that condition places you under the 2B family sponsored preference which has a current priority date (PD) of march 8, 1997 (unless you were born in mainland china, india, philippines or mexico). if your receipt date is OCT 2002, you are still 5 years away from being eligible to apply for AOS (adjustment of status). AOS is the process you go through to get a GC. all an i-130 basically accomplishes is establishing a place in line before you can apply for a visa. sucks, I know.

What Is AOS ? Can I do That Now???

it is adjustment of status, i.e. form i-485. no. if you remain under your present condition: UNMARRIED (if you marry you will forfeit your status, and effectively nullify your i-130 on file) son of a LPR, you have to wait until the 2B family sponsored priority date becomes current for your PD date of around october 2002.

Can the PD jumped forward in the next months????

yes, absolutely. it can also regress. you just have to keep an eye on the monthly visa bulletin. it is usually posted around the 15th of each month on the u.s. dept of state website. it is the first google hit on "visa bulletin". remember to always check the current one. you can view the past ones and see a trend that might give you an idea as to when your PD might come up.

What Can I do Exept waitting the PD?

pretty much wait...and wait and wait a little longer. or you can upgrade your petition once your sponsor becomes naturalized. current PD for UNMARRIED adult sons and daughters of citizens is april 22, 2001. hopefully by the time your sponsor is naturalized next year your PD will be current under 1st family sponsored preference.

 

[hannen22]

hannen22 -- you need to give us more specifics about your case so we can give you more accurate information. however, I'll try to steer you in the right direction to the best of my knowledge with the few facts you have presented..

Many thanks for your reply, and i'm so sorry of the limited information but you make a good advise i can't describe to you

AOS is the process you go through to get a GC. all an i-130 basically accomplishes is establishing a place in line before you can apply for a visa. sucks, I know...

Is this mean that i have to file another application to get a place

if you remain under your present condition: UNMARRIED (if you marry you will forfeit your status, and effectively nullify your i-130 on file) son of a LPR.

I feel that i stopped my life to wait , i didn't marry till now(I'm 28 years old) this make me alwayes nervous

it can also regress.

you just have to keep an eye on the monthly visa bulletin. it is usually posted around the 15th of each month on the u.s. dept of state website.

yes, i see it every 15 dayes to see what happened

pretty much wait...and wait and wait a little longer.

or you can upgrade your petition once your sponsor becomes naturalized. .

this is too dificult for me because my mother LPR are here with me in my country and goes there to my brother (us citizen) every year.

and i want to ask a very impotant question.
-what will happened if my mom didn't do to US for 2 years
-if my mom died ( may god protect her) what will happened to my case???

Again, many thanks for your concern . you are kind person

 

[chromedOut]

Is this mean that i have to file another application to get a place

when your PD date comes up you have to go through another process: AOS. it consists of filing an i-485, filing for Employment Authorization Document aka work permit, EAD, and if you are eligible Advance Parole (AP) so you can leave the country while you adjust your status.

only after AOS you are granted a GC.

again, you cannot file for AOS until your i-130 PD is current.

I feel that i stopped my life to wait , i didn't marry till now(I'm 28 years old) this make me alwayes nervous

if you are married you have violated one of your i-130 conditions. you are longer an UNMARRIED adult son of LPR, so you must refile and start over. sorry.

is your spouse a USC?

this is too dificult for me because my mother LPR are here with me in my country and goes there to my brother (us citizen) every year.

so your mother is your sponsor and she resides outside of the US? that may elongate your process. I don't remember specifics, but for a LPR to be naturalized he/she must spend a specific number of days in the US. it isn't automatically granted 5 years after you receive your GC. so if your mother has spent more time living outside of the country than it is allowed she will be denied naturalization until she can prove she's maintaining a more continous residence within the US.

what will happened if my mom didn't do to US for 2 years

again, I don't remember specifics but I do know that LPRs cannot spend a certain amount of consecutive days outside the country. bad = she has to wait longer to be naturalized, thus you have to wait longer until your i-130 can be upgraded. worst = your mom loses her GC.

if my mom died ( may god protect her) what will happened to my case???

no idea.

 

[chromedOut]

what will happened if my mom didn't do to US for 2 years

from findlaw:

It is a common misconception that to keep your green card all you need to do is enter the United States at least once a year. The fact is that if you ever leave with the intention of making some other country your permanent home, you give up your U.S. residency when you go. The border officials will look at your behavior for signals that your real place of residence is not the United States.

As a general rule, if you have a green card and leave the United States for more than one year, you may difficulty reentering the country. That is because the U.S. government feels that an absence of longer than one year indicates a possible abandonment of U.S. residence. Even if you do return before one year is up, you may run into trouble. To avoid a full-scale inspection, you should return within six months.

On the other hand, remaining outside the United States for more than one year does not mean you automatically lose your green card. If your absence was intended from the start to be only temporary, you may still keep your permanent resident status. However, you may no longer use your green card as a U.S. entry document. You must have what is known as a reentry permit, or you must apply at a U.S. consulate for a special immigrant visa as a returning resident.

Reentry Permits

Reentry permits are for people who hold green cards and know in advance that they must be outside the United States for more than one year. Under such circumstances, USCIS can allow you to stay away for up to two years. You should send in your application before leaving. Use Form I-131, available on the USCIS website at http://www.uscis.gov . If approved, a reentry permit will be issued and will serve as an entry document when you are ready to return.
Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
Returning Resident Visas

If you stay outside the United States for more than one year and do not get a reentry permit before leaving, you must apply at a U.S. consulate abroad for a special immigrant visa as a returning resident. You must convince the consular officer that your absence from the United States has been temporary and you never planned to abandon your U.S. residence. You will have to show evidence that you were kept away longer than one year due to unforeseen circumstances. Such evidence might be a letter from a doctor showing that you or a family member had a medical problem. If you do not have a very good reason for failing to return within one year, there is a strong chance you will lose your green card.

 

[hannen22]

Dear/chromedOut
you are very kind person and i'm so thankful for you.

when your PD date comes up you have to go through another process: AOS. it consists of filing an i-485, filing for Employment Authorization Document aka work permit, EAD, and if you are eligible Advance Parole (AP) so you can leave the country while you adjust your status.

only after AOS you are granted a GC.

again, you cannot file for AOS until your i-130 PD is current.

Which is my PD is it in the visa bulletin or the table in CSC
-and what is the diffrenent between these two tables:
-https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=California
-http://travel.state.gov/visa/frvi/bulletin/bulletin_3086.html

because my date of filling and notice is 22oct,2002 before it was transfered to CSC

many thanks again,,,

 

[chromedOut]

Which is my PD is it in the visa bulletin or the table in CSC

your priority date is shown by the visa bulletin (here).

and what is the diffrenent between these two tables

the visa bulletin states the the availability of immigrant numbers during that particular month. you have to wait until your PD becomes current before a visa number is made available to you. again, just because your PD is current does not mean you will be automatically granted a gc. that is done after you go through the AOS process.

I really don't know what good the CSC I-130 timeline does. in my case, my i-130 was transferred there where I filed an i-485 after my PD became current. at my interview the officer informed that my i-130 was missing from my file so he had my father and I fill one out during the interview. he approved it on the spot.

your i-130 may be approved, but you won't be able to do AOS until your PD is current.

so the most important thing you need to monitor is the visa bulletin for family 2B category.

because my date of filling and notice is 22oct,2002 before it was transfered to CSC

if by filling date you mean receipt date as stated on your notice of action, then that is your priority date. mailing or postmark date does not establish your PD.

 

[hannen22]

I really don't know what good the CSC I-130 timeline does. in my case, my i-130 was transferred there where I filed an i-485 after my PD became current.

But the date in CSC is March2005. is that mean that i can file AOS

at my interview the officer informed that my i-130 was missing from my file so he had my father and I fill one out during the interview. he approved it on the spot..

do you think my i-130 may be missed

your i-130 may be approved, but you won't be able to do AOS until your PD is current..

what will happene to my paper after pending. will they ask for another papers



My mom is going to US next Jan can She do anything useful?
I told her that she can go to senator of the state and make a claim for my papers

 

[chromedOut]

But the date in CSC is March2005. is that mean that i can file AOS

no. you can only file when the date on the visa bulletin includes your i-130 receipt date. as I said, there's a chance that your i-130 may be approved before your PD becomes current, even then you can only begin AOS after your PD is included on a visa bulletin.

do you think my i-130 may be missed

there's no way to know that. even if they misplace your file you will be asked to fill a new one out at your interview and it will be approved on the spot by the immigration officer.

what will happene to my paper after pending. will they ask for another papers

I don't understand your question. AFTER your PD is current you can file AOS. yes, you have to fill out another series of forms, pay some fees, even include some papers that you've already included with your i-130, and then wait some more. AOS process is a lot shorter than i-130. the typical case progression is this:

file AOS packet > receive AOS notice of action with a new receipt number > get finger print notice > go to biometrics appointment (finger prints, etc.) > receive EAD (work permit), if you applied > receive interview notice with list of documents you have to present > go to interview -- where you may be approved on the spot > GC arrives in the mail.

My mom is going to US next Jan can She do anything useful?

I told her that she can go to senator of the state and make a claim for my papers

no. you are going to have to wait like everyone else. a senator isn't going to help you speed up your i-130 case. about the only thing your mother can do is move to the u.s. and start her naturalization process as soon as she's eligible. that will bump you up to first preference family sponsored when she becomes a us citizen.

 

[hannen22]

the only thing your mother can do is move to the u.s. and start her naturalization process as soon as she's eligible. that will bump you up to first preference family sponsored when she becomes a us citizen.

She can't be eligible for being citizen because she didn't spend there a lot of time .

Thanks a lot for all your help
hope I can offer any help for you