LPR/USC applying for GC for unmarried daughter over 21

[akram88]

My girlfriend's dad who is a GC holder (LPR) filed for green card papers for his unmarried daughter over 21 back around end of 2007. I think he applied I-130 and I-485. at the time she was legally in the states on student visa (later on got OPT). I have couple of questions
1-the case status in uscis website still says pending even thou processing dates say 5 month. is this 5 month accurate? if so what should be done here?
2-he is illegible now for citizenship and I read somewhere that the priority date for the case gets retained he just have to notify immigration of adjustment of petitioner status once he gets hi citizenship. my question is what is the current processing dates for a citizen applying for son or daughter over 21? I have cpl of friends their newly citizen parents applied for their GCs and they got it within couple years (even maybe less than 2) and checking the visa bulletin this process is taking 5 years or more... how could these number be accurate.
anyone here had his GC approved in a similar situation (citizen to unmarried son or daughter over 21) and what was the timeline.

Thanks

PS: she moved out from the states before her student visa and OPT expired (end of 08)

 

[Jackolantern]

My girlfriend's dad who is a GC holder (LPR) filed for green card papers for his unmarried daughter over 21 back around end of 2007. I think he applied I-130 and I-485.

It's a problem if both I-130 and I-485 were filed, because her priority date must be current in order to file I-485, and with a PD in 2007 her it never became current.

1-the case status in uscis website still says pending even thou processing dates say 5 month. is this 5 month accurate? if so what should be done here?

That processing time is only for I-130 approval, not for the whole process of waiting for the PD to become current and I-485 or consular processing. Was her I-130 approved?

2-he is illegible now for citizenship and I read somewhere that the priority date for the case gets retained he just have to notify immigration of adjustment of petitioner status once he gets hi citizenship. my question is what is the current processing dates for a citizen applying for son or daughter over 21? I have cpl of friends their newly citizen parents applied for their GCs and they got it within couple years (even maybe less than 2) and checking the visa bulletin this process is taking 5 years or more... how could these number be accurate.

It's not accurate. You are missing some facts; they probably were under 21 when the I-130 was filed.

PS: she moved out from the states before her student visa and OPT expired (end of 08)

Did her father select consular processing on question 22 of the I-130? If not, he needs to file I-824 to get the case moved to a consulate in her country so his daughter can pursue the GC process at a consulate when the PD is current.

 

[akram88]

Thanks Jackolantern for the reply,

It's a problem if both I-130 and I-485 were filed, because her priority date must be current in order to file I-485, and with a PD in 2007 her it never became current.

I just asked her and she only applied for I-130. for some reasons I thought she did both, my bad.

That processing time is only for I-130 approval, not for the whole process of waiting for the PD to become current and I-485 or consular processing. Was her I-130 approved?

I know the uscis site only gives status on the I-130, shouldnt her I-130 be approved by now and transferred to consular/change of status section.

It's not accurate. You are missing some facts; they probably were under 21 when the I-130 was filed.

well one of them is a bit older than me, he missed getting his GC when his whole family got it back in 99 because he was over 21 at the time. he was in the states in may of 08, his mom got her passport sometimes in 06 (let's even assume 05) that still not more than 3 years

Did her father select consular processing on question 22 of the I-130? If not, he needs to file I-824 to get the case moved to a consulate in her country so his daughter can pursue the GC process at a consulate when the PD is current.

I am not sure what was on the application but I imagine he didnt choose consular processing since at the time she was in the states. I will check this form.

Thanks again for the help

 

[BigJoe5]

FB-2B (unmarried child over 21 of LPR) takes longer for everyone, EXCEPT if from the Phillippines, THAN FB-1 (unmarried child over 21 of USC).

Moving from FB-2B to FB-1, in general will cut the wait time for a Visa to become available (EXCEPT Phillippines).

Upon the naturalization of an LPR petitioner, NVC should be notified to UPGRADE the petition and change categories while retaining the priority date, submit copy of natz cert. A Filipino, currently, or anyone negatively effected in the future, may request NOT TO UPGRADE upon naturalization. They MUST request the exception to avoid an automatic upgrade.

That said, the priority dates in either category in all countries are older than the 2007 date indicated and nothing is yet avilable to anyone. In order to file for adjustment as anything other than the Immediate Relative of a USC, one must be in a valid nonimmigrant status or granted asylum/refugee status or in a valid "parole" status OR qualify under 245(i).

 

[Jackolantern]

I know the uscis site only gives status on the I-130, shouldnt her I-130 be approved by now and transferred to consular/change of status section.

Yes, if it was filed in 2007 it should have been approved by now. But they sometimes let the I-130's in backlogged categories sit idle for years, because the PD is far away from being current and nothing can be done with it for years anyway if approved. If he hasn't received an approval notice for it, her father should make an Infopass appointment to inquire about the status of it.

well one of them is a bit older than me, he missed getting his GC when his whole family got it back in 99 because he was over 21 at the time. he was in the states in may of 08, his mom got her passport sometimes in 06 (let's even assume 05) that still not more than 3 years

She probably filed for him a few years before she got citizenship (and then upgraded it to family 1st preference after she naturalized), so his PD would have been old enough for him to get a GC in 2008.

I am not sure what was on the application but I imagine he didnt choose consular processing since at the time she was in the states. I will check this form.

Check that out, so he'll know if he has to file I-824. Note that the I-130 should be approved before the I-824 is filed.