I130 Approved, Life act clarification needed

R

rajnuk

Registered Users (C)
Hello All

Iam helping my mother in law who got her I130 approved which was petitioned by her sister. She did not follow up the case until yesterday. When i checked the status I came to know that her I130 was already approved a year back ie June 23rd 2003. Unfortunately she did not provide the reference numbers or provide me the documents that she received from INS office to me so I could review them or follow up the status of application earlier. She is been in united states for the past 8 years. So as per the life act she was in United States on December 21st 2000.

My question is what are the next steps to permanent residency. As I see it this is what needs to be done

1. Apply for adjustment of status I 485 along with Supplement A
2. Apply for work permit I765

After reviewing some posts and information available on uscis website I asked her to get the medicals done so as to appy for Adjustment of status by paying a fine of 1000$

Though Iam sure she can file for adjustment of status , I would like to get a second opinion from gurus here.

I would appreciate if any one can comment or give some details regarding the same.

Regards
Raj
 
Is it IV the Category

If it is brother/sister category(4th), check the priority date of your MIL. Now the priority date is some where around 1990 for India. If your MIL priority date is in 20XX, it may take another 15 years or more to adjust the status (I 485)

For this category, I 130 approved means nothing, it is just underlying applications. The approved I 130 goes from INS to National Visa Center, NH for safe custody until your priority date is current.
 
what about the sec 245(i)

Now that the I130 is approved , she is already here in US , she qualifies for sec 245(i) to adjust status of course its going to take for ever to get the status adjusted but she can file for workpermit and keep herself busy for the time being .

Raj
 
> Now that the I130 is approved , she is already here in US , she qualifies
> for sec 245(i) to adjust status of course its going to take for ever to
> get the status adjusted but she can file for workpermit and keep
> herself busy for the time being .

You can file the I485 only if a 'visa number' is available. In the employment based categories, that is (at least for now) the case. In the family based categories this is not the case and your relative has to go on a waiting list. The waiting list for adult children is something like 8 years, the list for siblings (priority 4) is over 10 years.

While it is true, she will be able to adjust based on 245i eventually, but she might have to wait another 10 years or so until she can file that I485 and EAD.
Until then, she better lays low and stays away from any kind of USCIS office or the 80mile border corridor. The approved I130 doesn't confer any status. If she runs into some federal officer, she might be put into removal proceedings.

They don't actively come after people who have filed petitions while beeing in the country, but if she runs into them somehow she might get into trouble.

When did her sister file the I130 for her ? If you know that date, you can figure out from the state departments 'visa bulletin' when a visa number might become available enabling her to file for AOS.

Before you do anything, talk to a lawyer. You don't want to draw attention to her right now.
( A relative of mine had filed for his sister who did the same stupid thing. They filed I485 and EAD before a visa number was available. The then INS politely invited her for an interview sparking great excitement in her and her family in anticipation of the impending green-card. At the interview the officer told her that she will not be able to adjust status for another 10 years and that therefore she has to leave the country and apply for re-admission once the number becomes available. He also told her that he will now leave his office and go over to the enforcement division of the local office. He hinted that it would be beneficial for her not to be in the room when he returns with the other officer. Needless to say, she and her brother made a bee-line out of that office the moment the officer had left the room. She got married and adjusted under the original 1998 245i a while later, soon she will be up for citizenship)
 
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It only help you to AOS provided

rajnuk said:
Now that the I130 is approved , she is already here in US , she qualifies for sec 245(i) to adjust status of course its going to take for ever to get the status adjusted but she can file for workpermit and keep herself busy for the time being .

Raj
Click to expand...

245(i) only help to adjust the status with in USA (not going to home country), provided he/she maintain their status (holding H, B, F, L etc)until the priority date is current..
 
Actually, the idea of 245i is that you are allowed to adjust even though you DON'T have valid nonimmigrant status at the time.

The prerequisites are
1. present in the US on dec 21st 2000
2. filed I130 before 4/30/2001

BUT until AOS comes through, CIS can detain you if they 'encounter you during their usual enforcement activities'. (i.o.W. they will not come after you, but if you run into them in the local office or at a road-block they can take you).
 
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