Situation (can anyone help pls)

G

greencard2007

Registered Users (C)
Situation is that my uncle sponsored for my mom and me (her daughter) back in 1995 under F4 category. I just checked visa bulletin and saw that her priority date is current now.

Now the problematic situtation is that my mom already got a greencard in 2004 through employment.

So is it possible for her to surrender this employment greencard and get her greencard through my uncle's petition as i may be able to benefit from that petition.

See initially i thought that my uncle's petition would have automatically cancelled once she got greencard through employment, but NVC just invited us for an interview which gives me a hope that our file was not terminated.

What should my mom do? Should she go for the interview or would she be jepordizing her employment greencard by going through that interview.

Please suggest me something. Really hope to hear from someone.
 
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are your under 21 and unmarried? then, perhaps you have a chance. You mother will have to do consular processing, surrender her current permanent resident status (of course, it's a risk), and get the immigrant visa with you (if you are eligible at all).

How come you didn't get your GC when your mother got hers through employment? are you eligible for following-to-join benefits?

you really-really may want to consult a lawyer.
 
because i was over 21

Hi LucyMO,

I didn't get the greencard when my mom got hers through employment because i was over the age of 21 (unmarried) and her lawyer never suggested to do follow-to-join thingie.

Can i take benefit of that follow-to-join now.

Also, one more question...when you said RISK? Whats the worst that can happen. Lose her current GC and not able to get GC through counsellor processing.
 
since you are over 21, I do not think you are eligible to get a GC through a derivative status - even if your mother abandones her permanent residency, because your priority date became current after you turned 21. Was there a separate I-130 petition for you or were you included in your mother's?

You are not eligible for following-to-join benefits, since you were over 21.

when you said RISK? Whats the worst that can happen. Lose her current GC and not able to get GC through counsellor processing.
Click to expand...

yes, that's what I meant.
 
LucyMO,

one more question....after my mom got her greencard through employment. She filed an I-130 for me. That I-130 was approved in sept 2004. Now is it possible for me to use my uncle's petition priority date (jan 1999) on the I-130 that my mom filed for me after getting gc. I know it may sound like ridiculous and stupid question, but i would just like to know since i am just trying our different sources to get GC. I haven't seen my mom for 2 years now.
 
no, she cannot use the first I-130's priority date for the second I-130.

However, I need answers to these questions to see if you may be eligible for child status protection act:

when did you turn 21?
date when your uncle's petition was approved.
when exactly did your priority date become current?
what was the priority date from the uncle's petition?

Thanks.

I was also told that your mother does not have to surrender her current permanent resident status, she will just get a new immigrant visa at the same time with you, if you are eligible.
 
Thank you LucyMO for helping me out. I am sure GOD will definitely bless you for all this

I turned 21 on January 6, 2003
My uncle's petition (I-130) was approved on August 1, 1995
Priority date became current Dec 2006
Priority date from uncle's petition is feb 2, 1995
 
LucyMo,

I think you meant to type something, but i guess it got deleted... can you please post your msg again. i am not able to see your reply.

Thank you Sir.
 
I typed it, and then I doublechecked and I am sorry but you will not be able to use your uncle's petition because even with Child Status Protection Act you still aged out... Sorry. You'll have to wait till your mom's petition becomes current.
 
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