I-130 (situation has changed)

TrinPrince

Registered Users (C)
#1
State: NYC
Age: 31

Hello,

In 2000:
My mom (Legal Permanent Resident) filed a "Relative Petition" (Form I-130) on my behalf.

In 2004:
Recieved a 'notice of action' (I-797c) stating the following:
The petiton has been approved. The petition indicates that the person for whom you are petitioning is in the United States & will apply for adjustment of status. The information submitted with the petition shows that the person for whom you are petitioning in not eligible to file an adjustment of status application at this time.

Until the person for whom you are petitioning files an adjustment application, or applies for an immigrant visa, this approved petition will be stored in this office. If the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this notice with Form I-485 (Application for Permanent Residence).
On 06/15/06:
My mom/dad/brother all became U.S. citizens.

What action should I focus on with this new 'edge' of "citizen" parents?

Thanks
Trin
 
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cherr1980

Registered Users (C)
#2
Your parents must update the petition since you will be in first category instead of the second and the dates are closer on the first than in the other. Your mother must call the National Visa Center and I think she must send her naturalization certificate and the notice of action of your I-130 to the service center or place that she send the previous application. I am not sure how is the entire process, so she can call the National Visa Center.

Good luck,
 

TrinPrince

Registered Users (C)
#3
cherr1980,

Thanks for responding.

I have corrected my intital post as the timeline and events were incorrect.
My apologies.

Can you re-read and advise regarding information.

Trin
 

sgsnathan

Registered Users (C)
#4
Trin, first of all, download an I-485 appliction form from the USCIS website (www.uscis.gov) and find out where the application for Adjustment of Status for you must be send to. You should fill out all the necessary forms and send them to this address along with the Naturalization certificate and the approved I-130 NOA to show that the status of the petitioner has changed. That should work.
 

TrinPrince

Registered Users (C)
#6
I've sent in the required packages and necessary documnts for "Adjustment of status".

NY takes forever and a day........waited 23 yrs already...christ :rolleyes:
Will my mom's status as a citizen help speed up the process? :confused:

Curious
Trin
 

TrinPrince

Registered Users (C)
#7
:) USCIS has sent 2 "Receipt" Notice of actions. (for I-765, I-485).

I assume I have to wait for them to schedule a biometrics appointment now.....

Regards
Fess
 

princesskate

Registered Users (C)
#8
Since you said your mom filed I-130 for you in 2000, did you check if your Priority Date has become CURRENT? What month in 2000 did she file I-130?

Even if your I-130 has been approved doesn't mean that you can file I-485, you can file only when your PD becomes current AND your mom has successfully upgraded your petition from F2B to F1.
 

TrinPrince

Registered Users (C)
#9
Since you said your mom filed I-130 for you in 2000, did you check if your Priority Date has become CURRENT? What month in 2000 did she file I-130?.
Prioirty date has long gone (December 11, 2000)

Even if your I-130 has been approved doesn't mean that you can file I-485, you can file only when your PD becomes current AND your mom has successfully upgraded your petition from F2B to F1.

My mom became a citizen 2 months ago. I proceeded to file I-485 package.

Got my biometrics appointment today!!! :p

Fess
 

TrinPrince

Registered Users (C)
#10
I've completed biometrics...

Now its just a waiting game.

Anyone got any input on what I'm facing down the line from the USCIS???? :confused:

Thanks
Trin
 

chills

Registered Users (C)
#11
I'm waiting on a petition that my mother, permanent resident, filed for me in 2002. She's on her way to becoming a citizen and hopefully she'll be able to speed my petition up and we'll be able to file adjustment of status soon. This has been the biggest nightmare of my life. It will be sad looking back at this when I'm older and thinking about how 4 + years of my life were taken from me. What a nightmare.
 
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Anahit

Registered Users (C)
#13
TrinPrince,

Here is what current visa bulletin shows for family first category:

All CHINA INDIA MEXICO PHILIPPINES
01JAN98 01JAN98 01JAN98 15JUL92 22OCT91

So, what made you think that your number was current,
and you could apply to adjust your status. :confused:
 

chills

Registered Users (C)
#14
Trin, I really feel bad for you. For my whole life, also, I haven't ever had the opportunity to stand on my own two feet. I've been waiting to have the chance forever, and hopefully things will change. Your problem is that your parents just turned Citizens this year. My mother turns citizen in a few months and I won't have to be stuck with the waiting game for Priority Date.

What can you do? You know.
 

Anahit

Registered Users (C)
#15
chills said:
Trin, I really feel bad for you. For my whole life, also, I haven't ever had the opportunity to stand on my own two feet. I've been waiting to have the chance forever, and hopefully things will change. Your problem is that your parents just turned Citizens this year. My mother turns citizen in a few months and I won't have to be stuck with the waiting game for Priority Date.

What can you do? You know.
I am sorry to say this, but if the petition for you was filed in 2002, then even with your mom becoming a citizen, you would have to wait for 4 more years...
 

TrinPrince

Registered Users (C)
#17
Anahit said:
TrinPrince,

Here is what current visa bulletin shows for family first category:

All CHINA INDIA MEXICO PHILIPPINES
01JAN98 01JAN98 01JAN98 15JUL92 22OCT91

So, what made you think that your number was current,
and you could apply to adjust your status. :confused:

How is the above information relevant to this thread?
You're reffering to the I-130 notice of action?

Post a little more detail please....
 

Anahit

Registered Users (C)
#18
chills said:
Why's that?
I already said, for F1 category the current visa bulletin shows 01JAN98, unless you're from Mexico - 15JUL92, or Philippines - 22OCT91.
Your priority year is 2002, and right now they are processing cases from 1998.
The difference is 4 years.
 

Anahit

Registered Users (C)
#19
TrinPrince said:
How is the above information relevant to this thread?
You're reffering to the I-130 notice of action?

Post a little more detail please....
I am referring to current visa bulletin.
If that's not relevant, then what is? :confused:
 

chills

Registered Users (C)
#20
An, I'm not very intuned with exactly how the cut off dates work, but around April it was showing a cut off date of March 2002. This is 7 months prior to my date. The dates of now are retrogressed dates. I'm thinking that when it progresses again, it would pick up some time later than the March 2002 date. Again, I'm not really sure how this works.
 
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