(I130) US CITIZEN STEP-MOM & Recently LPR Dad HELP!

M

missinghome123

Registered Users (C)
Brief:
- Step-mom & dad married 2006 (I was 14)
- Step-mom filed for me & dad (same time) in FEB 11'
- Dad recieved his green card yesterday

Me:
1) My case status :Form I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN (Is this correct? Shouldn't it be IMMEDIATE RELATIVE OF US CITIZEN? My step-mom filed the same times as my dad)

2) My case is still stuck on Initial Review! It's been 5 months... why?

3) My dad and I was a illegal resident. I left in late 2008 for my grandma was dying and her last wish was to see me. I couldnt refuse. I visited last year on a visa wavier and came back to my birth country.

4) I'm worried that I might not get approved... or why is it taking so long... I miss my dad and stepmom very much.. and my brother (half) I'm 19 now...

I hope that someone can englihten me... if my case was filed incorrectly
and why the process is taking so long when my father has recieved his green card...
Thank You
 
Your post is insufficient to get an answer. Instead, more questions arise.

You say you were "illegal" but does that mean that you overstayed a visa or did you initially enter without inspection (illegal entry, not through an immigration checkpoint or port of entry)? If dad got a greencard then, I think it was really an overstay.

You were a minor during part of the unlawful presence, but once you turned 18, "unlawful presence" began to accrue (build up and count against you). IF you departed the U.S> after age 18 1/2, then you triggered a bar to re-entry for three years.

You did depart the U.S. It is unclear what exactly had happened to that point.

You say that she filed for you and dad. Did she make the classic mistake of only filing ONE I-130 for him and included you in it? If he has a greencard already, then did they file an I-485 for YOU at the same time as dad?

IF you had an I-485 pending when you departed, did you have advance parole? EVEN if you had AP, did you trigger a 3 year bar? It could prevent adjustment even if they made the mistake of letting you back in.

That does not seem to be your case. You mention departing in 2008, so you would have been under 18 and unlawful presence was not a factor at that time.

You mention a VISA WAIVER VISIT. Are you now outside the U.S.?

It would appear that an I-130 is pending and that you will need to go through Consular Processing from abroad. What country are you from and where are you now?

WHEN (on what date) was an I-130 filed for you and by whom? Did she make that mistake mentioned above? Did DAD file an I-130 for you AFTER he got a greencard?

Take step back, think hard and post a time line of events as best as you can and see what help that will bring.

As long as you remain unmarried, you remain a "child" until you reach 21 and then, the CSPA (Child Status Protection Act) can preserve your eligibility.
 
first of all, thanks for the response!

timeline:
2001 - entered U.S. legally
2003 - visa expired
2006 - dad married a citizen
2008 - i left for my birth country, my dad stayed in U.S.
20010.08 - visited U.S. on a visa wavier
2010.11 - left U.S. to birth country
2011.02 - stepmom filed for both my dad & me (seperately i'm in another country hello)
2011.07 - dad recieved his greencard in mail
current - my case status is in initial review (not too bothered since i know it takes a while to update now)

*and as i mentioned before i overstayed but left at the age of 16 on my own
unlawful presence ban wasnt exacuted for me. on top of that i went in and out of the country last
year on a visa waiver (this really depends on the POE officer but he let me through)

ill repeat again
stepmom filed for both me & my dad same time. dad recieved his greencard last week.
my case status is still in intial reivew. oh & im pretty certain my stepmom filed 2 I130's ^^

my worries are that there are 2 types of i130 -_- and that my case should be "immediate relative of us citizen"
instead of "IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN" or maybe this doesn't matter too much
but im rather worried that it'll take a lot longer than i thought. just wondring how much longer im suppose to wait...
the interviewer told my dad that i should be coming along quite soon but people make mistakes, files get mixed up...
so my heads all over the place T_T
 
You were under 18 when you overstayed and left when you were under 18, so the overstay won't hurt your green card process.

Your 5 month wait so far is nothing unusual. You and your father's case are being processed separately because he is inside the US and you are outside, and cases within the US tend to be processed faster. But check with your stepmother to find out if an I-130 approval for you arrived in the mail, because the online status is slow to update.

Did your stepmother specify a US consulate in your country for question 22 of the I-130 that was filed for you? If not, when the I-130 is approved she'll need to file I-824 so the case will be transferred to the consulate.
 
hello :)
thank you for the response

and yes, stepmom did specify a US consulate in my home country ^^
i heard my i130 has been approved... however...
so wha'ts next? am i just suppose to wait patiently for a visa number to open? :T
i was hoping to go back before new semester starts but that seems pretty hopeless T_T
 
You don't need to wait for a visa number; you qualify as an Immediate Relative of USC. You only need to wait for your case to work its way through the immigration bureaucracy ... the NVC will forward your case to the consulate and sometime in the next 1-4 months the consulate will contact you to set up the next steps regarding the medical, fingerprinting, and interview.

And you're right, you're almost surely not going to complete the process before the school year starts in August/September.
 
=/ i don't understand how my case is going T_T

the lawyer who helped my dad told him that i should be
coming along soon

so did the immigration officer who interviewed my dad
but still no news T_T

so my step mom made a interview for next week to check
up on my case ....

do you know how long it takes? or the estimate of it
because my brother is giong to have a surgery next month
and i really want to be there...
 
Like I said before, you can expect to wait about another 1 to 4 months for the remainder of the process to work its way through the system .... USCIS must forward the case to NVC, NVC must forward it to the consulate in your country, and the consulate will contact you about setting up appointments for the medical, fingerprinting, and interview.
 
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