I-130 from Nov 1997 - Questions

jaz2012

New Member
Thank you for taking the time to read my post. I have a few questions regarding a petition my uncle submitted for my father in 1997. I have the Approval Notice from USCIS with a priority date of Nov 1997. I was 11 at the time. My father listed my mother, brother and myself as his immediate family. Since then, however, another one of my brothers became a citizen through marriage and my parents became eligible for a GC. Our lawyer tried to submit an application for me along with theirs but they denied it saying I had to wait for my priority date (this was in Sept 2010). Unfortunately my dad passed away in Dec 2010 a month before he could get his hands on his GC. So because he was the primary beneficiary on the original petition through my uncle my questions are:

1. Do I still qualify to get my GC once my priority date is reached even though my father passed away? (I read about a law that Obama passed in 2009 but I was wondering if anyone here had any other insight)

2. Will the fact that my father and mother obtained their GC through my brother affect me negatively?

3. I've been familiarizing myself with the visa bulletin board and I was wondering if someone knows why all of the sudden they jump back a few years and then jump back to where they were?

4. Why does the bulletin move so slow? Is there an F4 quota for Mexico?

5. I also read on USCIS that I wouldn't "age-out" since I was 11 when the petition was approved. Is this correct?

I have applied for Deferred Action for Childhood Arrivals so hopefully that will pan out positively. My hopes are that I can work and go to school with the DACA work permit until my I-130 priority date is reached and then I can apply for my GC. I don't think DACA would affect me negatively right?

Thanks for reading :)
 
Thank you for taking the time to read my post. I have a few questions regarding a petition my uncle submitted for my father in 1997. I have the Approval Notice from USCIS with a priority date of Nov 1997. I was 11 at the time. My father listed my mother, brother and myself as his immediate family. Since then, however, another one of my brothers became a citizen through marriage and my parents became eligible for a GC. Our lawyer tried to submit an application for me along with theirs but they denied it saying I had to wait for my priority date (this was in Sept 2010). Unfortunately my dad passed away in Dec 2010 a month before he could get his hands on his GC. So because he was the primary beneficiary on the original petition through my uncle my questions are:

1. Do I still qualify to get my GC once my priority date is reached even though my father passed away? (I read about a law that Obama passed in 2009 but I was wondering if anyone here had any other insight)

2. Will the fact that my father and mother obtained their GC through my brother affect me negatively?

3. I've been familiarizing myself with the visa bulletin board and I was wondering if someone knows why all of the sudden they jump back a few years and then jump back to where they were?

4. Why does the bulletin move so slow? Is there an F4 quota for Mexico?

5. I also read on USCIS that I wouldn't "age-out" since I was 11 when the petition was approved. Is this correct?

I have applied for Deferred Action for Childhood Arrivals so hopefully that will pan out positively. My hopes are that I can work and go to school with the DACA work permit until my I-130 priority date is reached and then I can apply for my GC. I don't think DACA would affect me negatively right?

Thanks for reading :)

You do have a shot at a greencard and DACA. You will be well served to seek a competent lawyer to help you along the way.

When the time is right, you might need to file under 245(i) and pay a penalty of an extra $1,000.00 (start saving up).

See this memo: http://www.uscis.gov/USCIS/Laws/Memoranda/2011/January/Death-of-Qualifying-Relative.pdf

And for "substitute sponsors" (just in case): http://www.uscis.gov/USCIS/Laws and Regulations/Memoranda/Nov 2007/I130AFMAD0804_110807.pdf

And 245(i): http://www.uscis.gov/USCIS/Laws/Mem...es 1998-2008/2005/245iclarification030905.pdf [There is much more info out there, this is just a start.]
 
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