I-130 preference processing time at VSC

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kimka1

Registered Users (C)
My father (green card holder) filed an I-130 petition on my behalf at VSC in February 2000 under an unmarried child over 21 category. It is still pending even though they say that the usual processing time is up to 999 days.

By looking at the history of cutoff dates for preference applications
at VSC, it seems that their 2/8/1999 cutoff date has not move since the beggining of the last year. It looks like they have completely stopped processing preference applications!? Am I getting something wrong here?

Does anyone know what is happening there??? Is there any way to expedite the processing???

PLEASE HELP!
 
Looks like you fall under the Family Second Preference F2B category.

INS/BCIS had a policy of not processing immigrant visa applications if the priority dates are not current. I am not sure if they changed it recently. Even if they did process your application now, you will not be eligible to adjust status/get an immigrant visa until your PD becomes current. As of the last visa bulletin PD of August 1994 (or earlier depending on your country) have visa number available now. Brace yourself for a long wait of many many years!!
 
nkm-oct23, now i have a question. assuming i file I-130 for my brother. i know he should wait 10 years before he could file his I-485. but do you think i could get I-130 approved first (like 1 year)?

my question is: if I-130 is approved as any other I-130, i basically could save this approved I-130 and wait till 10 years later and my brother just file his I-485 with this I-130 copy. However, if it takes 10 years for INS to approve I-130, it is a big headache to inform INS my address since i will move many times during this period of time. how to deal with this?

please clarify. thanks.
 
Thanks for your quick reply. Just a quick follow-up question. When my father gets naturalized (hopefully, in 1 year), my petition will get upgraded to a First Family Preference category from Second Preference. And my priority date of February 2000 should be current under that category. Under this scenario, will my I-130 get approved immediately as my petition is upgraded.

Thanks and regards,
Natasha
 
Originally posted by emc1234
nkm-oct23, now i have a question. assuming i file I-130 for my brother. i know he should wait 10 years before he could file his I-485. but do you think i could get I-130 approved first (like 1 year)?

my question is: if I-130 is approved as any other I-130, i basically could save this approved I-130 and wait till 10 years later and my brother just file his I-485 with this I-130 copy. However, if it takes 10 years for INS to approve I-130, it is a big headache to inform INS my address since i will move many times during this period of time. how to deal with this?

please clarify. thanks.
Click to expand...

My guess is that INS/BCIS will approve the I-130 petition in 1-2 years. You will then have to wait until the priority date becomes current. Another thing you can do is to become US citizen and then dates are either current or have much less waiting period.
 
Re: Re: I-130 preference processing time at VSC

Originally posted by kimka1
Thanks for your quick reply. Just a quick follow-up question. When my father gets naturalized (hopefully, in 1 year), my petition will get upgraded to a First Family Preference category from Second Preference. And my priority date of February 2000 should be current under that category. Under this scenario, will my I-130 get approved immediately as my petition is upgraded.

Thanks and regards,
Natasha
Click to expand...

I-130 will take whatever time it is taking in the Service center having jurisdiction over your area. It will not happen immediately. However, once your father becomes a US citizen, you can file for I-485 and along with it EAD/AP.

There are complications however, if you turn 21 BEFORE your father gets US citizenship. If a lawful permanent resident files I-130 for a child under age 21, the child’s age will be determined using the date that the priority date of the Form I-130 becomes current, minus the number of days that the Form I-130 is pending. It is then possible that the calculated age then is more than 21 and then even if your father subsequently get US citizenship, you will come under quota limited family preference.
 
Re: Re: I-130 preference processing time at VSC

Just one more question on this.

The original petition was filed under Family (2)(B) Unmarried Sons and Daughters of Permanent Residents (21 years of age or older) in Feb 2000. When my father gets naturalized next year and this petition is upgraded to First Family Preference (Unmarried Sons and Daughters of Citizens), I believe my priority date will stay Feb 2000? If yes, I think it will be current under First Family Preference, because right now the cut-off for this category is Aug 1999 and it is moving fast.

If above is correct, will it be possible to file for I-485 and along with it EAD/AP when my father gets naturalized? Or will it be necessary to wait first until an upgraded I-130 is approved?

Thanks, Natasha
 
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Re: Re: Re: I-130 preference processing time at VSC

Originally posted by kimka1
Just one more question on this.

The original petition was filed under Family (2)(B) Unmarried Sons and Daughters of Permanent Residents (21 years of age or older) in Feb 2000. When my father gets naturalized next year and this petition is upgraded to First Family Preference (Unmarried Sons and Daughters of Citizens), I believe my priority date will stay Feb 2000? If yes, I think it will be current under First Family Preference, because right now the cut-off for this category is Aug 1999 and it is moving fast.

If above is correct, will it be possible to file for I-485 and along with it EAD/AP when my father gets naturalized? Or will it be necessary to wait first until an upgraded I-130 is approved?

Thanks, Natasha
Click to expand...

Yes, you will retain the priority date.
BCIS will take some time to reflect the preference category upgrade. Once that is done you can file for I-485 and EAP/AP. YOu don't have to wait for approval of I-130 PROVIDED PD REMAINS CURRENT at the time of applying for 485.
 
Re: Re: Re: Re: I-130 preference processing time at VSC

Originally posted by nkm-oct23
Yes, you will retain the priority date.
BCIS will take some time to reflect the preference category upgrade. Once that is done you can file for I-485 and EAP/AP. YOu don't have to wait for approval of I-130 PROVIDED PD REMAINS CURRENT at the time of applying for 485.
Click to expand...

One final question on this. According to BCIS website, "If you are filing I-485 based on a family relationship with a U.S. citizen or lawful permanent resident who is other than an immediate relative (which includes married children of U.S. citizens, adult [over 21] children of U.S. citizens , siblings of U.S. citizens, spouses and children of legal permanent residents), you should submit the following: Copy of your I-797, Notice of Action, showing that the I-130 petition was approved" , etc.

Does I-130 get approved immediately after it is upgraded to Family First Preference (provided PD is current)?
 
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Re: Re: Re: Re: I-130 preference processing time at VSC

Ok, so this means that before I can file I-765, I have to wait not only until the I-130 upgrade is reflected, but also an additional 6-12 months before it is approved (even though my PD is current throughout this whole time)???
 
Re: Re: Re: Re: Re: I-130 preference processing time at VSC

Originally posted by kimka1
Ok, so this means that before I can file I-765, I have to wait not only until the I-130 upgrade is reflected, but also an additional 6-12 months before it is approved (even though my PD is current throughout this whole time)???
Click to expand...

I am not so sure. If what you quote form BCIS is correct, then you will have to wait for I-130 approval. On the other hand, my understanding was that if PD is current, one can file for AOS regardless of I-130/I-140 approved or pending.
You better check with a lawyer.
 
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