INS approved I-130, waiting for NVC

M

marcin

Registered Users (C)
My mom's sister (USC) has filed I-130 for her in April 2001 (under Life Act). Today (December 9, 2002) came approval notice from INS.

My mom has overstayed in this country for over nine years. I believe that’s why the letter also stated:

“Because the person for whom you are petitioning is not eligible to adjust, we have sent the APPROVED petition to the NVC, NH.”

“…This completes all INS action on this petition.” (this statement alone is worth million bucks! :) ”

- Can anyone tell me what is the waiting period from now till actually getting a GC?

- Is it just few months or years?

I have no clue. Any information will be very appreciated. Thank you.

BTW, I'm on H1 so I can't help her at all.
 
marcin

Hello Marcin:

If your aunt file for her sister (your mom) and the petition was approved this year, she would fall under the F category of Sisters and Brothers of US Citizen and right now the application that were approved in 1990 are being processed by NVC.

Your mom has a long way to go for her paperwork. I am not sure what you mean by adjusting status. How can she adjust status. Was she here illegally earlier for 9 years?

-Guccidkny
 
Guccidkny,

Her visa (B-2) expired 8 years ago. From what I understand by reading the approval letter, once you are out of status there is some other procedure that she must go through. INS just can't give her GC right away. I don't know, that's the phrase INS has used in the letter "adjust".

Anyway, it looks like we have a loooong way to go. Probably her other process through Labor Cert and job sponsorship will be first. But since filing the papers with state Dept Of Labor (IN), we have not received any reply except the one "we are working on it" - for the past 19 months! (since April 2001).

I just hope that with the new reorganization the GC backlog can be processed faster, but that's just a hope.

- Marcin
 
marcin

Hello:

I am totally confused. Why would she go through Labor certification. Is she on H1 or something right now?

If she is not on H1, why would she go through labor certification.

-Guccidkny
 
Ok. She does not have any visa at this time. She came here in 1993 on B-2 which has expired sometime in 1994 (it was extended). Since then, she has been living in US and did not leave the country.
In 1994 she started GC process through employer sponsorship for a "hard-to-fill-job" by US citizens, something like specialty worker. However, the process was not finalized. INS has lost some papers in the process, requested more evidence, but since at that time we had a terrible lawyer, we have not responded to the INS request and the case expired. (Now, 8 years later, when I look back at this situation, I should hang this lawyer!)

So now, when Life Act was active, we had started to processes"
1. Family based (my mom's sister is a naturalized Citizen for over 20 years)
2. Another "specialty occupation" GC process with a sponsoring employer and better lawyer

From what I know, she is not eligible to apply in any other way since she has overstayed. But Life Act is the only way to help her.

Does this make any sense? :rolleyes:
 
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