I 130 - help, don't know what to do!

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iwannatravel

Registered Users (C)
I am 20 years of age, had political asylum through my family before and left the country. My mother divorced my father while in the USA and got married to an american citizen on March 2006. I am in the US for vacations right now and to visit my family (I entered as a tourist). My mother will soon receive her GC, but she has to go through some sort of interview on thursday. Am I eligible to adjust my status from tourist to son of GC holder. If so how long is the wait?? Will I be able to live in the US while I wait for my GC legally? Thanks
 
Your mother married before you were 18? Than your mother's husband is your new father. He needs to file i-130, I-485, ect. for you ASAP so that they are considered before you are 21.
 
Thanks for the reply, after reading all the info on the I 130 form I realized that he could act as my stefather. I turn 21 in November. As long as they stamp it as received before the date I turn 21 I am good right? Also, if it's my stepfather (american citizen) doing the petition for me are we talking about a speedy or lenghty process? Thanks for your help!
 
Ask him to file everything for you NOW. And do not leave the country until the process is over. As soon as he files for you you are in "legal waiting" status.
 
OK, so he should fill out an I 130 form with me as the beneficiary and send it with the fee. Once I receive that the I 130 is approved, I have to send the I-485 right? Once again, I would like to know if this is a somewhat speedy process I am aware that it would be a petition as a Child of a US citizen so it should not take that long right (in theory)?
 
No, you should file 130 485 864 693 together in 1 envelop tomorrow. Today you should go to a doctor. A Child of a US citizen can still take a year to process that you barely have.
 
"They need to approve the green card before you are 21 + the time they evaluate 130. Otherwise you need to wait on your own overseas until you visa number become available. "

Isn't what the poster above said right though? Apparently my mother talked to a lawyer and as long as they receive before I turn 21 I would be in a legal waiting status, but there is so much info and answers out there that it is hard to make a conclusion. Thank you for your help!
 
You are good as long as everything is submitted before you turn 21. You can read more here:

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# A father naturalizes as a U.S. citizen and petitions for his 20-year-old son. Formerly, the son had to obtain permanent residence prior to his 21st birthday. If he aged-out, his petition would automatically convert to the family-based first preference category (unmarried adult sons and daughters of U.S. citizens) where the waiting time exceeds six years. Under the new law, the child's age is fixed at 20 on the day that the form I-130 visa petition is submitted on his behalf. Though he will be over 21 years of age when he obtains permanent residence, he is treated as a 20-year-old for immigration purposes.

http://www.shusterman.com/hr1209-faq.html
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"You are good as long as everything is submitted before you turn 21. You can read more here:

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# A father naturalizes as a U.S. citizen and petitions for his 20-year-old son. Formerly, the son had to obtain permanent residence prior to his 21st birthday. If he aged-out, his petition would automatically convert to the family-based first preference category (unmarried adult sons and daughters of U.S. citizens) where the waiting time exceeds six years. Under the new law, the child's age is fixed at 20 on the day that the form I-130 visa petition is submitted on his behalf. Though he will be over 21 years of age when he obtains permanent residence, he is treated as a 20-year-old for immigration purposes."

This makes me really happy. Thank you for the information. When you talk about submitting everything are you talking about only the I 130 before I turn 21 or does it need to be I 130, I 485, etc etc. Thanks again for the info!
 
iwannatravel said:
When you talk about submitting everything are you talking about only the I 130 before I turn 21 or does it need to be I 130, I 485, etc etc. Thanks again for the info!
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EVERYTHING! Do it ASAP. Because you just never know: if you, say, forget to sign somewhere or send a wrong check CIS will return the application back to you. I'm not saying you WILL :) but it's always the best to have some time as a buffer.
 
Thanks for the replies....So according to the link sent before by kittenkat my age will be frozen at 20 when they receive my I-130 application. I will send my paperwork on Friday (I 130 app, birth certificate (translated), mom's marriage certificate, stepfather's US birth certificate, and everything else) The reason I am not sending everything else is because as you should know it is expensive! As I said before I was in an asylee before I left the USA exactly a year ago, I have my A number and SS# so I should put that in the I 130 form as well right? Do I need to do a change of status?
 
iwannatravel said:
Thanks for the replies....So according to the link sent before by kittenkat my age will be frozen at 20 when they receive my I-130 application. I will send my paperwork on Friday (I 130 app, birth certificate (translated), mom's marriage certificate, stepfather's US birth certificate, and everything else) The reason I am not sending everything else is because as you should know it is expensive! As I said before I was in an asylee before I left the USA exactly a year ago, I have my A number and SS# so I should put that in the I 130 form as well right? Do I need to do a change of status?
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Frankly just sending everything (even though AoS costs $1010(?) + medical exam) is NEARLY not as costly as all lawyers for some people on forum (look at DanielFL posts, for example). So I'd just take it easy and send everything all together.
 
kittenKat said:
Frankly just sending everything (even though AoS costs $1010(?) + medical exam) is NEARLY not as costly as all lawyers for some people on forum (look at DanielFL posts, for example). So I'd just take it easy and send everything all together.
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That is true, I will send the I-130 tomorrow and about 2 weeks from now I will send the rest of the stuff since my mom has to get the money first. I think sending the I 130 first will help a lot, I would really like to send everything together but it is just not possible now. So sending the I 130 with everything filled out correctly on it will guarantee that my age will be frozen at 20 when it is accepted by USCIS, I have done plenty of reading and apparently as long as the I-130 is accepted by USCIS before I turn 21 I should be set! Thank you for your honest replies!
 
I have one question about filing out my I-130 form I am finally sending it tomorrow. If I was an asylee before but left the country Is my A-number still valid and should I put it on the form? Also it asks If I've been under Immigration proceedings before so obviously I will say yes but it asks when & where...Should I put the date the petition was received by USCIS and where should I put Miami Immigration Office or USA (since I don't know if it refers to immigration in the USA or worldwide). Thanks in advance!
 
Yes, you need to include all the A nunbers you might remember. And answer yes to the proceedings. Be more specific to help them locate the case.

Aslo, again, you gain only the time that a petition is pending after the age of 21. You will get denied if you won't submit all the forms now together and get an interview soon. Otherwise you will pay your lawyer a good fees to get it straightened out.

Go get job to rise this less then $2k or take cash advance on a credit card and file now.
 
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OK, so I already sent everything to USCIS. If it doesn't get accepted by USCIS before my Birthday what do I need to do? Are they going to send me something telling me to wait in my home country or what?
 
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