I-824 or I-130 for the Child of GC through AS

dreamwork2

Registered Users (C)
I am green card holder through asylum. I have daughter who is 14 years old now and lives out of USA. I have filed I-730 but for some reason she did not go to USA embassy to be interviewed. Most law office told me file I-130 which she will wait for about 4 years , one lawyer told me file I-824 to get immigrant visa?

any suggestion?

Thanks
 
Last edited by a moderator:
dreamwork2 said:
I am green card holder through asylum. I have daughter who is 14 years old now and lives out of USA. I have filed I-730 but for some reason she did not go to USA embassy to be interviewed. Most law office told me file I-130 which she will wait for about 4 years , one lawyer told me file I-824 to get immigrant visa?

any suggestion?

Thanks


I think the approved I-730 is still good for her to get an immigrant visa.She need to go to the US embassy and find out.

RD Aug 22,2001
Approved Sep 15,2005
GC received Sep 20,2005
 
Thanks. but she got the I-730 aproval 5 years ago. I think it was close for her case and many lawyers told it was closed the case. I will use inforpass to the local office to ask the officer to get some information.
 
Last edited by a moderator:
I don't know if it's of any help, but a friend of mine filed for his daughter I-130 in 2003 and it was approved last year, but since she falls in the slowest category of married spouses, applications of her type with ND 1998!!! are being currently processed.
 
dreamwork2 said:
I am green card holder through asylum. I have daughter who is 14 years old now and lives out of USA. I have filed I-730 but for some reason she did not go to USA embassy to be interviewed. Most law office told me file I-130 which she will wait for about 4 years , one lawyer told me file I-824 to get immigrant visa?

any suggestion?

Thanks
I-824 is for people who want a duplicate approval notice or further action on the approved case. So lets say you lost your approval notice for an I-730 or I-131(travel document) or I-485(green card). I-824 is used to send a duplicate approval notice.

Based on that approval letter, you can take action on your petition, i.e, if you didnt get a GC, you can take that notice and ask for bio etc at your local office.Or if you I-730 was approved, file it so that USCIS can send info to the local embassy.

I-824 is not an immigrant petition..its further action on your ALREADY approved case. Lets say you applied for a I-485 and went out of country with RTD or advance parole..and your status was adjusted to LPR. RTD Is ok to enter back to U.S but those with advance parole would then apply this form to get a travel form from the embassy to come back to u.S

So you will file form I-130 and wait for the approval. Usually I-130 is approved in 6 months for USC or 6 years for LPRs. Once I-130 is approved then only the embassy will issue a visa if available.

In your case, your approved I-730 would be sent to the local embassy and your daughter can immigrate.
 
Last edited by a moderator:
dreamwork2 said:
I am green card holder through asylum. I have daughter who is 14 years old now and lives out of USA. I have filed I-730 but for some reason she did not go to USA embassy to be interviewed. Most law office told me file I-130 which she will wait for about 4 years , one lawyer told me file I-824 to get immigrant visa?

any suggestion?

Thanks


The approved I-730 does not expire and she can still use it.
 
Thank all of you.

I saw this on USCI.GOV:



If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits. This means that you do not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your children, and your children will not have to wait any extra time for a visa number to become available. See the Petitioning Procedures for more information on following-to-join benefits. Otherwise, children of LPRs will be eligible for a visa when their priority date is listed on the Department of State Visa Bulletin.



Following-to-Join Benefits
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.
If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?

Your children may be eligible for following-to-join benefits if:

* You immigrated on the basis of a fiancé(e) petition
* You immigrated on the basis of a diversity immigrant application
* You immigrated on the basis of an employment-based petition
* You immigrated on the basis of a petition filed by your brother or sister
* You immigrated on the basis of an immigrant petition filed by your U.S. citizen parent(s) when you were married or when you were unmarried and over 21 years of age
* You immigrated on the basis of your relationship with your lawful permanent resident parents when you were unmarried

Also, for your child to be eligible for following-to-join benefits, he or she must:

* Be unmarried and
* Be under 21 years of age and
* Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or
* Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or
* Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law.

For information on following-to-join benefits for spouses of lawful permanent residents, please see Petitioning Procedures: Bringing a Spouse to Live in the United States.

If you fall into one of the categories above, please submit the following information to the U.S. Citizenship and Immigration Services:

* Form I-824, Application for Action on an Approved Application or Petition
* A copy of the original application or petition that you used to apply for your immigrant status
* A copy of the I-797 Notice of Action for your original application or petition
* A copy of your alien registration receipt card or I-551
* Proof that the child meets the appropriate criteria for Following-to-Join Benefits

You should file the I-824 at the USCIS office that took the most recent action on your case.

If the I-824 is approved, the USCIS will notify a U.S. consulate that you are now a lawful permanent resident so that your children can apply for immigrant visas. You must then ask your children to report to the local U.S. consulate to complete the processing.







after I read it carefully. I think the lawyer said BS !! lol ..... the key is " follow-to-join" ......I will file I-130.
 
Last edited by a moderator:
File I-130??? I believe that you misunderstood seriously the USCIS info.

dreamwork2 said:
Thank all of you.

I saw this on USCI.GOV:

A lawful permanent resident may not petition for a married son or daughter.

If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits. This means that you do not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your children, and your children will not have to wait any extra time for a visa number to become available. See the Petitioning Procedures for more information on following-to-join benefits. Otherwise, children of LPRs will be eligible for a visa when their priority date is listed on the Department of State Visa Bulletin.



Following-to-Join Benefits
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.
If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?

Your children may be eligible for following-to-join benefits if:

* You immigrated on the basis of a fiancé(e) petition
* You immigrated on the basis of a diversity immigrant application
* You immigrated on the basis of an employment-based petition
* You immigrated on the basis of a petition filed by your brother or sister
* You immigrated on the basis of an immigrant petition filed by your U.S. citizen parent(s) when you were married or when you were unmarried and over 21 years of age
* You immigrated on the basis of your relationship with your lawful permanent resident parents when you were unmarried

Also, for your child to be eligible for following-to-join benefits, he or she must:

* Be unmarried and
* Be under 21 years of age and
* Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or
* Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or
* Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law.

For information on following-to-join benefits for spouses of lawful permanent residents, please see Petitioning Procedures: Bringing a Spouse to Live in the United States.

If you fall into one of the categories above, please submit the following information to the U.S. Citizenship and Immigration Services:

* Form I-824, Application for Action on an Approved Application or Petition
* A copy of the original application or petition that you used to apply for your immigrant status
* A copy of the I-797 Notice of Action for your original application or petition
* A copy of your alien registration receipt card or I-551
* Proof that the child meets the appropriate criteria for Following-to-Join Benefits

You should file the I-824 at the USCIS office that took the most recent action on your case.

If the I-824 is approved, the USCIS will notify a U.S. consulate that you are now a lawful permanent resident so that your children can apply for immigrant visas. You must then ask your children to report to the local U.S. consulate to complete the processing.







after I read it carefully. I think the lawyer said BS !! lol ..... the key is " follow-to-join" ......I will file I-130.
 
Last edited by a moderator:
dreamwork2 said:
the I-730 was approval 6 years ago. is it still valid ?


The regulation does not place a time limit on this.

It is a heck lot better to try this than the I-130 which will take forever.
 
Top