Parent's Cases Only: Tracking Thread

Well,485 was approved today and card production is ordered.It was a fairly quick process,I am very pleased with how it went.
 
drgeorge said:
Luckylilly....

Do you mean that your mom was out of status for over 2 years? In that case I suggest you consult a lawyer before the interview, if you don't already have one.

George
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Thanks for your advice.I do understand your point of view.I thought the rule was overstaying or out of status is forgiven for parents of citizens.Does it matter how long the out of status period was?I appreciate feedbacks or answers.Thanks a lot.

Also,I do not know if the I-130 has been approved yet.I still have no way of checking the status online for the cases.And if it had been approved,I suppose I should have received the approval letter by now or isn't one sent out?

Thanks again guys.
 
luckylilly said:
Thanks for your advice.I do understand your point of view.I thought the rule was overstaying or out of status is forgiven for parents of citizens.
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I know that out of status spouse of USC is forgiven when filing AOS. I don't remember seeing anything about parents of USC. Maybe you can get some free consultation from the lawyers. It doesn't hurt to know.
 
baraider said:
Can you put the timeline in your signature?
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I'll put it,but here is a brief capture.
Application sent on 03/16/2009
Finger prints done on 04/14/2009
EAD received on 05/12/2009
I-130 approved on 05/20/2009
I-485 approved on 05/27/2009 and card production ordered.
 
I-131 Advance Parole

While requesting AP (Part 7), do we have to offer a detailed explanation on a separate sheet (as mentioned at the begining of Part 7) the reasons and qualifications for AP?

What does one write other than the normal reasons for social visit, to visit relatives etc.?

I also assume that two photographs (in addition to those sent with I-485) would be required?

I will appreciate if some personal experiences can be shared with me.

Thanks in advance.
 
245(k) and AOS

Luckylilly,

The 245(k) rule that allows AOS after being out of status has a time limit of 180 days, as far as I am aware of. Please consult a good lawyer.

George

luckylilly said:
Thanks for your advice.I do understand your point of view.I thought the rule was overstaying or out of status is forgiven for parents of citizens.Does it matter how long the out of status period was?I appreciate feedbacks or answers.Thanks a lot.

Also,I do not know if the I-130 has been approved yet.I still have no way of checking the status online for the cases.And if it had been approved,I suppose I should have received the approval letter by now or isn't one sent out?

Thanks again guys.
Click to expand...
 
drgeorge said:
Luckylilly,

The 245(k) rule that allows AOS after being out of status has a time limit of 180 days, as far as I am aware of. Please consult a good lawyer.

George
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Hi drGeorge,
Thanks for your input but it seems you are mixing this up.It is a family based,parent of USC(immediate relative) category.But what you are talking about is:

Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days.

Someone please clarify...
 
baraider said:
luckylilly,
You can read a similar case http://forums.immigration.com/showthread.php?t=231807
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baraider,
first of all,congrats on starting the process and I pray it goes smoothly for you and your mom.

Thanks a lot for that thread link.That was my initial impression when I started the process for her.I had not delved into so much research hence I tend to have to many questions.

I am very optimistic that the interview will go well and she will be approved.This is really a fantastic forum with a wealth of information.

You guys rock!
 
lilly,
I assume that you file for your mom when you recently became USC. I don't know the details of the laws and how it changes but wish your mom a lot of luck at the interview.
My guess is if they are to reject based on the out of status, they would have done it already without the interview.
My file would get to Chicago tomorrow and hope to get the ball rolling soon.
 
I see two years,three years why are we at ten?

My husband is in deportation status now.We have a daughter.I am the usc. We have been married for five years. We are sueing the immigration dept. but they keep delaying it because they wont make a decision. Now I have been dx with ms will this hurt us more? I am going to lose my husband and my daughter her father for nothing this makes me mad.
 
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Luckylilly,

Sorry about the mixup - I was referring to 245(i), which covers family based petitions, but there were many changes to the law in the last 10 years, which I have not kept up with. It is my impression that to be covered under 245(i), the I-130 should have been filed before a certain date. I am not sure that this provision allowing overstays for family members exists any more.

It is best to find out about this before you go for the interview.

George


luckylilly said:
Hi drGeorge,
Thanks for your input but it seems you are mixing this up.It is a family based,parent of USC(immediate relative) category.But what you are talking about is:



Someone please clarify...
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Response to RFE acknowledged

Current Status: Response to request for evidence received, and case processing has resumed.
On May 29, 2009, we received your response to our request for evidence.

My mother's updated GC application information is shown below.
(BD = Business Days) DO = San Francisco, CA.
----------------------------------
Done
11/21/08 :BD00: Application sent for Mother (I-130, I-485, I-864,I-693, G-325A, I-765, I-131 mailed to USCIS)
11/25/08 :BD02: Fedex Delivered the package to the destination.
12/05/08 :BD08: Checks debited in my bank account.
11/25/08 :BD02: Receipt Date(RD)
12/05/08 :BD08: Notice Date(ND)
12/09/08 :BD10: Notice Of Action-NOA Received ( I-797C) for all four: 130, 131, 485, 765
12/18/08 :BD17: Fingerprint(FP) Notice Received
12/19/08 :BD18: Fingerprint(FP) Done before appointment as walk in.
12/23/08 :BD20: Fingerprint(FP) Appointment
12/29/08 :BD21: Case transferred to CSC for speedy processing.
01/06/09 :BD27: 2nd Fingerprinting Notice Received. (The FBI was unable to process the first...)
01/08/09 :BD29: 2nd Fingerprinting Done before appointment as walk in.
01/16/09 :BD35: 2nd Fingerprinting appointment given
01/26/09 :BD41: Advanced Parole-AP Approved-LUD
01/26/09 :BD41: Employment Auth. Card-EAD card ordered-LUD
02/02/09 :BD46: Advanced Parole-AP Received. 2 copies. 1 year duration on both.
02/05/09 :BD49: EAD card received.
02/05/09 :BD49: Social Security Card Applied: http://www.socialsecurity.gov/ss5doc/
02/11/09 :BD53: Social Security Card Received
03/27/09 :BD85: LUD for 485
04/29/09 :BD107: 130 approved
05/01/09 :BD109: 130-Approval received in the mail.
05/05/09 :BD111: RFE for 485: Online
05/11/09 :BD115: RFE received at home asking for Certificate of Clearance from Police
05/12/09 :BD116: Certificate obtained from police and sent to USCIS
05/13/09 :BD117: Reply to RFE was delivered by USPS to CSC
05/29/09 :BD129: Reply to RFE acknowledgd by USCIS


Waiting
05/29/09:BD129: TODAY, CD=Calendar Days = 186 more than 6 months from application.
??/??/09:BDx: Green Card(GC)production ordered -485 Approved---[ Expected to happen in June 2009 as per current timeline ]
??/??/09 :BDx: Welcome letter received-----------------[ Expected to happen in June 2009 as per current timeline ]
??/??/09 :BDx: GC received-----------------------------[ Expected to happen in June 2009 as per current timeline ]
 
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In what instances would a parent get an interview letter?My father's case is already complete,we are just waiting to get his GD,which has already been ordered.However,my mother's case is still pending,she had her FPs done a week ago,I am little worried about her case since she has a long overstay,probably about two years.
 
drgeorge said:
Luckylilly,

Sorry about the mixup - I was referring to 245(i), which covers family based petitions, but there were many changes to the law in the last 10 years, which I have not kept up with. It is my impression that to be covered under 245(i), the I-130 should have been filed before a certain date. I am not sure that this provision allowing overstays for family members exists any more.

It is best to find out about this before you go for the interview.


George
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Thanks,yep,I will keep finding out more info as time goes on.245(i) does not only cover family based petitions.The 245(i) Amendment benefits aliens who were present in the U.S. on December 21, 2000, and who are out of status, entered the U.S. without inspection, or have violated the terms of their non-immigrant visa. It removes some of the road blocks to adjustment of status and thus offers them an opportunity to apply for a Green Card.

The new 245(i) also benefits aliens who are in status now and were present in the U.S. on December 21, 2000. If an alien was physically present in the U.S. on Dec. 21, 2000 and is the beneficiary of an immigration petition or labor certification application filed on or before April 30, 2001, he will be eligible to take the advantage of 245(i) even if he falls out of status in the future.

As an immediate relative of a USC(child,spouse or parent)you can adjust status without penalty(so long as you meet the burden of proof and there is nothing else wrong with the case,eg fraud).So in essence,an immediate relative of a U.S. citizen, is allowed to adjust to permanent residency. She does not need to cite 245(i) or pay the $1,000 fine.


forex_dealer said:
In what instances would a parent get an interview letter?My father's case is already complete,we are just waiting to get his GD,which has already been ordered.However,my mother's case is still pending,she had her FPs done a week ago,I am little worried about her case since she has a long overstay,probably about two years.
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I understand why you are worried,but look on the brighter side.She will eventually get approved just a delay now that's all.I do not think the lenght of overstay matters at all.It can be for any number of years,what matters is you are over 21 and you are a USC and she is you mother.Those are the qualifying criteria,so interview or no interview it will be fine!
 
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