I-130 filed by Mother for married son

A

ahasnain

Registered Users (C)
Hi:

My mother, US citizen, filed I-130 for me in January 2004. I-130 was category 3 - married child over 21.

She lives in Chicago, had originally filed at Nebraska SC, but they transferred by I-130 to California in June 2006. Sorry for all these questions, but please help.

1. As far as my priority date, does the original date it was filed apply, or does the clock "start ticking" from June 2006 when it was received by the CA service centre from Nebraska SC?

2. Any ideas on how long it will take? CA center priority date for my category is April 2001 but Visa Bulletin shows currently, May 2000 is being processed. Which to believe? The CA service centers own PDs, correct?? Is it safe to say I'll probably have my interview call in around 4 years from now?

3. When the PD does roll around, what happens? I simply get a call for an interview right?

4. I am in Canada right now, with an active and valid TN status (for occasional travel to US). I'm looking to actually move to the US and live there under TN status (and begin EB2 proceedings as well). Any advice on whether I should do this? Any suggestions? Isnt it "risky" to have my entire life and livelihood (wife, 2 children) be dependent on TN status given the pending I-130 through my Mom?

5. My mother may move from Chicago to Boston. In that case, will the I-130 need to be moved to the Vermont Service Center? Or will that automatically happen with her change of address? Or will it stay in California?

my apologies for the many questions, please try to answer each and thanks very much,

A
 
1. Your PD will be the one on your I-130 receipt notice, which should be when the application was first mailed.

2. You need to go by the visa bulletin. The state department "owns" the available visa numbers (or manages their issuance) and determines when the PD comes current, i.e. when a visa number becomes available for a given PD. There's no exact way to know when it becomes available since PDs move forward and retrogress sometimes by years from one month to the next, but generally you can assume it's the time difference from the date in the visa bulletin to your PD.

3. When the PD rolls around you can apply for AOS (I-485 package) if you're inside the US, otherwise you apply for consular processing. It's your responsibility to follow when your PD will become current and then take the appropriate action.

4. Waiting for your GC is risky no matter how you look at it ... having a second, EB based petition is certainly not a bad idea, especially EB2. One thing you need to look at though (for FB or EB) is that TN status requires nonimmigrant intent, I believe, as opposed to H-1B. But I better let the Canadians give advice on that.

5. I don't know!
 
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With an I-130 in the works, TN is a risky option. However since you already have one, it means USCIS, for the time being, is convinced that your residence in the US will be a temporary one. I personally would advise you to stay in Canada until immigrant visas are issued to you and your family.

ahasnain said:
4. I am in Canada right now, with an active and valid TN status (for occasional travel to US). I'm looking to actually move to the US and live there under TN status (and begin EB2 proceedings as well). Any advice on whether I should do this? Any suggestions? Isnt it "risky" to have my entire life and livelihood (wife, 2 children) be dependent on TN status given the pending I-130 through my Mom?
Click to expand...
 
Thanks

Thank you for your time and responses. Many on the TN forum think it was sort of "odd" that I got issued a TN in the first place, back in June 2006 and then I actually RENEWED it in June 2007. This is true, TN requires non-immigrant intent. There appears to be some sort of convoluted way that, if executed to perfection (timing-wise), means TN to GC (via EB2/LC/I-485) becomes a "possibility".

TRIPLE CITIZEN: Could you please further elaborate on why you think going down a TN is risky before my PD becomes current and I apply for AOS? I do fully agree with what you wrote, Triple Citizen, I'm just hoping you can confirm why you feel it is best to just wait maybe another 4-6 years before I can apply for AOS through the I-130 filed by Mom.

BTW I dont have the H1B option since I was already on an L1B in US from 2001 to 2006, right after which I got the TN, and you MUST be OUT OF STATUS for minimum one year before reapplying for either L1B or H1B. Problem is, my job requires a TN which I must maintain, making H1B impossible.

Please elaborate, thanks,
 
Ahasnain,
What elaboration do you want? This is a personal decision. As a person I do not believe in taking undue risks. Consider this scenario. You and your family move to the US on TN's and successfully renew it once. Then on your second renewal it is denied due to your pending I-130. That means you need to uproot yourself from the US, move back to Canada for 2-3 more years and await your immigrant visas. I personally would suggest staying in Canada until you get your GC. It is your call in the end.
 
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