Need lots of help with my I-130 case!!

D

Dexter86

Registered Users (C)
Hi Guys, how you'll doing?

I'll be very grateful if I can get some help or advice on this.
I'll give u a little background info on my case.

In 2004 my legal resident dad, filled the I-130 petition for me when I was under 21.
In 2005 an I-797C, NOA was delivered saying that my petition was approved but not eligible to file AOS at this time. (looking thru the forums i found out that that answer is very normal in lots of cases.).

Our lawyer told us that now we just had to wait for the processing times and all, (I never took a look at the NOA, till now). I read it carefully and it states that if i want to continue I can file an I-485 or an I-824.

Questions:
1)If I didn't File for anything. Is my case just in the shelves? or does it keep
moving closer?

2)I am now over 21 (unmarried), does my case (if its moving) will it take longer? will it move to another category?

3) My parents sent an Address change from Nebraska(were we filled) to California,
but didn't received an answer, should there be one?

4) Now if I wanna check online "My Case Status" Im not sure what options should I pick, Am I over 21? is it in the Nebraska Office or in Cali?

few more info from the I-797C noa
RECEIPT DATE: Nov 16, 2004
PRIORITY DATE: Nov 3, 2004
NOTICE DATE: April 27, 2005
NOTICE TYPE: Approval Notice
SECTION: Unmarried Child under 21 of Permanent Resident

Thanks in advance for your time =)

-Dexter-
 
More information is needed from you in order to give you correct information in response.

Are you in the U.S.? If yes, how did you enter (on a visa, a visa waiver, illegally)? If in the U.S., when did you enter? If in a lawful non-immigrant status, what status?

How did dad get his status? What is is the code on his card? When was the petition filed on dad's behalf? IF you could have gotten derivative status along with dad, what happened?

Has dad naturalized or is he on the verge of that?

What is your country of birth? Certain laws apply to citizens of specific countries with special circumstances and/or at specific times.

All of these variables (and perhaps even more will need to be determined) will control your path to a greencard (or not).

Have you got any special "issues"? Arrests, immigration fraud, prior removals, illegal re-entry after removal? Diplomatic status (A visa) old or current? G-4 visa? Child of a missionary?

As for case status online, just enter the receipt number from the notice and see what it says, go to: www.uscis.gov on the main page.

Most kids convert to the unmarried son or daughter at 21 in the F2B category if they remain unmarried. IF the petitioner parent naturalizes you shift to FB-1 or also after the parent naturalizes you could marry and shift to FB-3.
 
Hey Joe, thanks for responding!
Im from Mexico and Living here too. My Dad got his GC by his son (my Step brother which I believe is a Citizen, not sure thou).
My dad is going to have 5 years with his GC and I know he can file for citizenship then, thous making my situation faster (Or so I've heard)
Neither me or my dad had have any problems with the law here in Mex or in the USA.

My Tourist Visa (which I got before my dad got his residency) is now Expired, Im thinking of renewing it because I want to go and visit him form time to time, but Im afraid I will get rejected because of my dad living in cali.
I have no plans of staying in the USA with out a Permanent Residency.

Ps. Ill read about the FBs Categories btw ;)
 
Last edited by a moderator:
Dexter86 said:
Hey Joe, thanks for responding!
Im from Mexico and Living here too. My Dad got his GC by his son (my Step brother which I believe is a Citizen, not sure thou).
My dad is going to have 5 years with his GC and I know he can file for citizenship then, thous making my situation faster (Or so I've heard)
Neither me or my dad had have any problems with the law here in Mex or in the USA.

My Tourist Visa (which I got before my dad got his residency) is now Expired, Im thinking of renewing it because I want to go and visit him form time to time, but Im afraid I will get rejected because of my dad living in cali.
I have no plans of staying in the USA with out a Permanent Residency.

Ps. Ill read about the FBs Categories btw ;)
Click to expand...

If I understand it correctly, your dad was given status as the parent of a USC through a stepson. That means that your father married his mother before the stepbrother turned 18. The stepbrother had to be 21 to file an I-130 for dad. The stepbrother could have also filed for his stepbrother IF the stepbrother (YOU) was also under 18 when their biological parents married each other. It is not too late for that.

Being from Mexico, the wait time is long across the board but you do need to examine the various categories for family based immigration.

If I understand the information in your post, you live in Mexico now and so does dad. Living abroad is not helping dad become eligible for naturalization. In fact, he could lose his greencard because of it. On the other hand you may be living illegally in the U.S. The post is not 100% clear on this issue.

Did you ever overstay a visa at anytime? If yes: Was any of that time after age 18 1/2 years old? If yes, if there was 180 days or more of unlawful presence built up when you left, that would be a 3 year bar to re-entry from the day you left. If you had 1 year or more of unlawful presence, the bar is 10 years. This would affect the ability to get a B visa or BCC as well as an immigrant visa. These bars do go away with the passage of time. This issue may not even apply to you (not enough details provided).

By the way, a sibling petition also includes a spouse and minor unmarried children as dependents.

Whatever the case as to where you are now, you could only file for adjustment of status in a "preference category" inside the U.S. if in a lawful non-immigrant status OR if an overstay, as the Immediate Relative of a USC (spouse, parent, or minor unmarried child of a USC).
 
I read it that father is in CA. Whatever you do, when you apply for a visa, do not lie about anything!

You realize that and H-1B visa is dual intent. It is also a faster way to a GC than family immigration in your case. If you do not have the necessary qualifications, perhaps your father could assist you financially in getting the required education in Mexico so that you would qualify as a guest worker.
 
Thanks for your response guys.
-Yes my dad is in CA, and Im in Mexico.
-I'll talk to my Dad and ask him more about this situation and if my stepbrother can help me some more.
-I'll also start reading about the H-1B and see what happens.
 
You must log in or register to reply here.
Top