I30 petition approved now needs consular action? what does this mean?

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speedway

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I130 petition approved now needs consular action? what does this mean?

My father who is a Green Card Holder filed my I130, I received my approval letter: Sep 13, 2010

It says:

The above petition has been approved. We have sent the original visa petition to the Department of State National Visa Center (NVC), 32 Rochester Avenue, Portsmouth NH 03801. NVC processes all approved immigrant visa petitions that need consular action. It also determines which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate.

The NVC will contact the person fro whom you are petitioning (beneficiary) concerning further immigrant visa processing steps.



My question: Does this mean I have to leave!? to complete the process from my country of birth? I am currently in the US.
We have not yet filed any additional forms. We are going to hire a lawyer this week, i just wanted to ask to see the public opinion.

Additional Info: I was here since 01' I am 21 yrs old but got filed before 21. I believe I am overstaying a tourist visa? As well as my mother, she married a USC and consequently got denied, in this petition i was also included, i was sent my own denial letter for this, at that time. . .
 
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You might have a huge problem. You are subject to the 10 year re-entry bar and because you are out of status you are not eligible to file an I-485.
 
speedway said:
My father who is a Green Card Holder filed my I130, I received my approval letter: Sep 13, 2010

It says:

The above petition has been approved. We have sent the original visa petition to the Department of State National Visa Center (NVC), 32 Rochester Avenue, Portsmouth NH 03801. NVC processes all approved immigrant visa petitions that need consular action. It also determines which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate.

The NVC will contact the person fro whom you are petitioning (beneficiary) concerning further immigrant visa processing steps.



My question: Does this mean I have to leave!? to complete the process from my country of birth? I am currently in the US. I have luckily beat the age cap by 32 days so i believe I am 2A under the visa bulletin..

We have not yet filed any additional forms. We are going to hire a lawyer this week, i just wanted to ask to see the public opinion.

Additional Info: I was here since 01' I am 21 yrs old but got filed before 21. I believe I am overstaying a tourist visa? As well as my mother, she married a USC and consequently got denied, in this petition i was also included, i was sent my own denial letter for this, at that time. . .

Other question: My father has only had his green card for 1+ years. He will not be able to provide 3 yrs tax return? wat will happen?
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You cannot adjust your status in the US. You overstayed your visa by almost 10 years. You are subject to a 10 year ban in the US, the moment you leave the US. Someone isn't clear. The man who married your mother also petitioned for you, but your mother's green card application was denied. Why was it denied? Who is your father who only has had a green card for 1 plus? Is this the same person who married your mother or your own biological father has a green card? How long ago was your mother green card application denied?

Why are the tax returns necessary? You cannot adjust status in the US, you are in violation of a visa.
 
did you apply your I-130 before april 01?
if you did, you may be able to do the AOS here b/c you are protected under 245i
 
My Biological father applied for the I130 for me. He is the one with only 1-2 years as permanent resident.

My mother married a different man a us citizen. My mother & my biological father are divorced.

My mother was denied, period.

The petition was filed May 09, 2010.

If I marry my boyfriend who has a pending petition who got filed before 01' will i be protected under 245i ??
If i get bumped down to 2b married over 21, that is fine with me.. its better than going back to a place i don't know for 10 yrs..
 
TheRealCanadian said:
Who filed the petition for him?
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His father, who was then a resident, and is now a us citizen. My boyfriend's petition is another story, His priority date was May 09 2001. He received his approval February 14, 2005. he was over 21 at time of approval, but according to CSPA he was eligble because at his current age on Feb 14,2005 (minus) the time it took to process (May 09, 01'-Feb 14, 05') He was only 18 for CSPA purposes.. but his approval notice said he was "Unmarried Child 21/older".. they never received a letter on 07' when the his priority date was current. We only found out this "mistake" recently (<1 yr) but at that time he has aged out, now he has no other choice to wait for 2B category to be current ( i think) ....

But anyway. Will I be protected under this law (245i) if I marry him? Like i said I'm going to a lawyer immediately.. just some questions for him once i go..
 
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speedway said:
His father, who was then a resident, and is now a us citizen. My boyfriend's petition is another story, His priority date was May 09 2001.

But anyway. Will I be protected under this law (245i) if I marry him? Like i said I'm going to a lawyer immediately.. just some questions for him once i go..
Click to expand...

You need to check when your boyfriend's I130 was MAILED to USCIS back in 2001. Sometimes USCIS takes upto two weeks to process and assign priority dates so if they hypothetically recieved your boyfriend's I130 on April 28th but were so swamped with 245i based submissions that they could not assign a priority date until May 09 then you could be covered. What you need to look for is the original mailing receipt via USPS or Fedex or whatever because if the postmark is illegible then USCIS will only give you a 3 days "grace period" in rolling back the date for 245i protection. 245i is based on the postmark, not the recieved date of the petition.
 
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