Need some help for a I130 case

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Kagura591

New Member
Hi everyone ! So I'm a brand new fresh member here to quest for some advise and information from all you guys.

So here I go, I'm a high school girl of 17 years old. I'll be a senior next year. My brother who came to the US in 1999 and now a US citizen, has sponsored my parents and I in 2005 (I don't know exactly the month but it must be in February). My parents got approved last September 2008 and now a permanent resident in the US whereas I didn't get approved because even if my brother had filed an application for me at the same time as my parents, I still needed to wait for like 10 years to get approved. And last year, I was just enrolling into high school in 10th grade in France (I was born and have lived in France since then) And it was so troublesome for me as I just began my high school life in France, in a very high note, and my parents. They didn't know if I was capable of staying by myself in France or bringing me with them. So what they decided to do is to bring me with them but i left France without applying for any visa, because it would have taken too long and we didn't actually thought about it that time. So I left France. I got a stamp with a Visa Waiver at the airport of Boston. And my brother put me into a public American high school. And in January 2009, my dad has applied for a I-130 for me. I got 2 letters since then. One in March 2009 and one today June, 2010. Both stated that my case has been approved and got send to the Department of Visa in California (Well, the one from today stated that).

My question is, how long does it take to officially get approved for a green card after those 2 letters that I received? I have read further in the forum and I saw that the I-485 (I think) should be applied at the same time as the I-130 for a faster application to be done. Is it true? Is it now too late to apply for one?

Thanks in advance !!

PS: Very sorry if there is any mistake in my English ! :)
 
OK since your parents (LPR filed a petition for you). I am assuming you're considered under F2A category (unmarried and under 21).

According to visa bulletin (http://travel.state.gov/visa/bulletin/bulletin_5019.html) current PD for 2A is July 2008. So you have several months left before you can file an I-485. You're fine. Just wait and pray that for august month, they move the date as quickly as they did for month of July. 2A moved 6 months in this month. You might get lucky next month (lol) :)
 
Oh that is awesome then !! Thank you for your reply !! But I just discussed about that with my parents and brother, they said that they don't want to apply for a I-485. But it's still alright if I don't file that form right? It's not an obligation, is it?
 
Well there are two things to keep in mind here.
1) Since you were allowed under VWP and you overstayed. You're illegal in this country
2) If you don't file I-485, you won't receive your greencard. Infact, when you turn 21, you are deportable.

I am not too sure about this (maybe other senior members can reflect on this...since you're a minor), but if you're caught now by Immigration or other service, then even as a child, you may be deportable.
So, I would really, really persuade your parents & brother to file an I-485 as soon as your priority date becomes current. Also, if you are caught and since you violated VWP visa, you may be banned for 10 years as you overstayed over 1 year and never will be able to obtain US visitors visa (violation of VWP).

There are serious ramifications and I am not trying to scare you, but make sure you mention these to your brother and parents.
 
The bad news:

- You are here illegally and can be deported if caught. Even if you're under 18 when they catch you.
- If deported, you will be banned from the US for years.
- You can't file I-485*, because you are here illegally and your father is not a US citizen.
- It will take until at least September 2013 for your parents to become citizens.
- Even if you were here legally, you couldn't file I-485 for a year or more, because your priority date is January 2009, and they are currently taking people for January 2008 (see family category 2A at http://www.travel.state.gov/visa/bulletin/bulletin_4879.html)

*I-485 is the last stage of the green card process, if the process is followed to completion inside the US

The good news:
The time spent in the US illegally when you are under 18 is not counted against you as far as the 3-year and 10-year bans are concerned. So although you can't file I-485, you can obtain a green card by doing the final stages outside the US through the consulate, provided you leave the US voluntarily (i.e. without being deported) before it is 180 days past your 18th birthday.

However, your overstay means you cannot use the visa waiver again, and obtaining a visa (other than an immigrant visa) will be very difficult for several years.
 
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The US should have a ban on green cards for parents with under-18 noncitizen children, if the children are not eligible to immigrate at the same time with the parents. The current policy encourages illegal immigration and the breakup of families.
 
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I knew that I wasn't eligible for a I-485 but if I get an attorney to get it done, is it still possible ?

I want at least to graduate this year to return to France. With or without the green card anyway...
 
You're not eligible for the I-485; an attorney can't change that.

But you are still eligible for a green card through the consulate in France, because you haven't stayed beyond 180 days past your 18th birthday. If staying to graduate will make you go past age 18 years + 180 days, you will lose eligibility for the consular-processed GC for the first 3 years after leaving the US. Stay in the US past your 19th birthday, and the ban extends to 10 years. And if you are caught and deported, regardless of age, the judge will likely impose a multi-year ban (although maybe not if you're under 18).

On the I-130, did your father indicate consular processing or adjustment of status on question 22?
 
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Kagura591 said:
Hi everyone ! So I'm a brand new fresh member here to quest for some advise and information from all you guys.

So here I go, I'm a high school girl of 17 years old. I'll be a senior next year. My brother who came to the US in 1999 and now a US citizen, has sponsored my parents and I in 2005 (I don't know exactly the month but it must be in February). My parents got approved last September 2008 and now a permanent resident in the US whereas I didn't get approved because even if my brother had filed an application for me at the same time as my parents, I still needed to wait for like 10 years to get approved. And last year, I was just enrolling into high school in 10th grade in France (I was born and have lived in France since then) And it was so troublesome for me as I just began my high school life in France, in a very high note, and my parents. They didn't know if I was capable of staying by myself in France or bringing me with them. So what they decided to do is to bring me with them but i left France without applying for any visa, because it would have taken too long and we didn't actually thought about it that time. So I left France. I got a stamp with a Visa Waiver at the airport of Boston. And my brother put me into a public American high school. And in January 2009, my dad has applied for a I-130 for me. I got 2 letters since then. One in March 2009 and one today June, 2010. Both stated that my case has been approved and got send to the Department of Visa in California (Well, the one from today stated that).

My question is, how long does it take to officially get approved for a green card after those 2 letters that I received? I have read further in the forum and I saw that the I-485 (I think) should be applied at the same time as the I-130 for a faster application to be done. Is it true? Is it now too late to apply for one?

Thanks in advance !!

PS: Very sorry if there is any mistake in my English ! :)
Click to expand...

Be careful as you are an overstay, under 18 years of age you are forgiven being an overstay. So you should get proper legal advise about your situation. Over 18 years you will be subject to a 3 to 10 year ban

It may mean you will have to leave the US and get your parents to file an I 824, minor child to follow to join and go for consular processing in your home country
 
susan ward said:
It may mean you will have to leave the US and get your parents to file an I 824, minor child to follow to join and go for consular processing in your home country
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No follow-to-join available for this case, as the OP's parents were sponsored by her brother (their son), and that category of GC doesn't allow derivative beneficiaries.
 
Jackolantern said:
No follow-to-join available for this case, as the OP's parents were sponsored by her brother (their son), and that category of GC doesn't allow derivative beneficiaries.
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The parents are now LPR so the parents can do I 824 for child to follow to join, she must get proper legal advise and not become an overstay, she IMHO should leave the USA before illegal presence starts !!!
 
susan ward said:
The parents are now LPR so the parents can do I 824 for child to follow to join, she must get proper legal advise and not become an overstay, she IMHO should leave the USA before illegal presence starts !!!
Click to expand...
That wouldn't be follow-to-join; the parents would have to file a new I-130 petition. Follow-to-join is when a derivative beneficiary applies to immigrate after the primary beneficiary has already been approved for a green card. When a USC sponsors a parent, there is no derivative beneficiary allowed, therefore no follow-to-join.
 
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