US citizen parents sponsoring over 21 son..

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by ULTRON, Oct 20, 2006.


    ULTRON Registered Users (C)


    I'm single, over 21 living in the US with "PR pending", my parents are GC holders. They will get their US citizenship in 2007 so my priority date will automatically come closer. My question is, will I get a GC right away...or will I first get a work permit, followed by a GC? Has anyone experienced this situation? Anyone know the rough timeline?

    Many Thanks!
  2. usnycus

    usnycus Registered Users (C)

    Once your parent get their citizenship, they can file I-130 for you and you will be eligible under FB-1 category. You have to wait for Priority Date (PD) to be current before you can apply I-485 or EAD.

    PD in FB-1 category is Apr-01 and that means current wait in that category is 5 years for most of the countries.

    If you are not from Mexico or Philippines, you will be able to file I-485 (and EAD etc.) after approximately 5 years.

    ULTRON Registered Users (C)

    Thanks for the reply and you're correct about the 5 years. The thing is, my parents already filed for the I130 back in 2002 when they were GC holders. I already have a priority date in Second-B category. When they become citizens next year, my priority date will be bumped up to First category - so 2002+5=2007. Coincidently, I'm supposed to be getting my GC the same year my parents become citizens. I'm not sure if I'll get a work permit followed by a GC, or a directly GC. Any clue?



    Last edited by a moderator: Oct 21, 2006
  4. princesskate

    princesskate Registered Users (C)

    My friend is the same situation as yours but his was filed back in Aug 2001 but right now the current PD (for family based category 1) is Apr 2001 and it has been stuck in this month (or retro) for over a year. His parent just became citizen this month so now they're in the process of upgrading his petition from category 2B to 1.

    You are not eligible to file for GC or EAD until your PD becomes current. Once your parents become citizen, they'll need to upgrade the petition, then wait until the PD becomes current. In the meantime you are not eligible for EAD.

    Hope this helps.

    ULTRON Registered Users (C)

    I see. Do you think international travel is possible on EAD?


  6. princesskate

    princesskate Registered Users (C)

    Travelling has nothing to do with EAD. What's your current status?

    My friend is currently on F-1 (OPT) and his attorney advised him NOT to travel - he was told that there is a great chance of being refused to reenter U.S. until his PD becomes current.

    ULTRON Registered Users (C)

    I'm on "PR pending" status right now, and my lawyer also adviced against foreign travel. I'll only be thinking of travel after EAD or GC.

    Do you think your friend will get his EAD first, followed by a GC, or will he get his GC directly?

  8. princesskate

    princesskate Registered Users (C)

    I'm a bit confused by what you meant "PR pending" - is your priority date current & you filed for AOS already?

    What was your previous status? If you didn't overstay and your priority date is current, you can apply for AOS, EAD for work and AP for travel now. You shouldn't have a problem to travel with AP.

    EAD usually takes less than 90 days to process, so he most likely will get the EAD first, then the GC.
  9. machelon

    machelon Registered Users (C)

    princesskate....A friend of mine overstayed her visa (H1) by about 4 months...and now her PD has became current(her parents petitioned her case)...will she have to go back and apply from outside of the US?. Will she have trouble getting her GC?.
  10. princesskate

    princesskate Registered Users (C)

    I believe overstaying for a USC's immediate relative is forgiven so I think your friend can do the AOS here in the U.S.

    Don't leave U.S. until she gets her green card.
  11. cestlavie410

    cestlavie410 New Member

    same situation

    My parents are now applying for citizenship, and I can only hope that the FB1 priority date will move accordingly. My PD is Feb 2002 under FB2B... I'm anxiously waiting for next month's visa bulletin to see if they will, after one long year, move past this April 2001 date or get stuck on it... again! Although I was happy to see it went back to April 2001 after this summer's retro. Let's all cross our fingers.
  12. princesskate

    princesskate Registered Users (C)

    This is exactly what my friend is praying for :) after a lot of disappointment on the visa bulletin last year.
  13. ULTRON

    ULTRON Registered Users (C)

    Hey, I'm in the same boat. My priority date is April 29 2002. I think this time next year, we'll have received our EADs. I came here on visit then overstayed. I'm doing medical school right now, so time isn't a problem. "PR Pending" as my lawyer defined, is basically waiting for priority date.


  14. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    Since you have overstayed and are now subject to the 10-year bars, you have a serious problem. Under the FB1 category, you are NOT eligible to adjust status unless you qualify for 245i relief. And since your priority date is after April 2001, you cannot claim 245i relief.

    On what basis does your attorney believe that you will be able to become a permanent resident, never mind get an EAD???
  15. princesskate

    princesskate Registered Users (C)

    You mean you're now doing medical school without a valid status??? Or did you change your status from B-1 (visitor) to F-1 (student)?

    I've never heard about the term "PR Pending" = waiting for priority date. We usually use "AOS pending" which refers to people who already have their PD current and have filed their I-485. So right now if you don't have any valid status and you're just waiting for the PD becoming current, you're basically out-of-status.

    Please provide your case in more detail. I start getting confused now and wonder if you're eligible to adjust your status here in the U.S. :(
    Last edited by a moderator: Oct 23, 2006
  16. princesskate

    princesskate Registered Users (C)

    To ULTRON: FYI, Requirement of 245(i)

    To be eligible to take advantage of 245(i), the person must meet the following requirements:

    Physically present in the United States on December 21, 2000;
    An immigration petition or a labor certificate application is filed for the benefit of the Alien on or before April 30, 2001;
    The immigration petition or the labor certification application must be approvable at the time of filing. (It means that the application is good on its face); and
    Paying the $1,000 penalty fee at the time of filing I-485.
  17. chromedOut

    chromedOut Registered Users (C)

    we'll need more details about your case. but IF you are allowed to adjust your status I'll tell you what is going to happen, as I'm nearing the end of the GC proccess myself.

    first, your parents will have to notify uscis to upgrade your i-130 priority to fb-1 after they get their naturalization certificate. when your PD becomes current they can begin to file for your adjustment of status. the two main forms they'll have to submit are i-485 application to register permanent residence or to adjust status and i-765 application for employment authorization. because you are an overstay you will most likely have to pay a $1,000 penalty -- I'm still worried that you missed the 245i deadline this could throw a wrench in your plans.

    I'd recommend you send EVERYTHING at once. including your medical to shorten your approval time.

    you will first receive a receipt (NOA). next comes your biometrics appointment. after your biometrics and about 90 days after your applications are received you should receive your EAD in the mail if there are not delays -- RFE or pending name check. soon after that you'll get your interview letter stating the time, date and location of your interview. you must bring your sponsor with you. if your name check is cleared and your PD is still current at the time of the interview you will be told to expect to receive your GC in the mail shortly.

    that's pretty much the condensed version.

    because you are an overstay do not leave the country until you have your GC in your hands as you may trigger a 10-year ban as soon as you leave the country.

    good luck.
  18. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    Absolutey. Since he has a 2002 PD, he is not eligible for 245i relief. I'm amazed that the attorney didn't catch this.
  19. cestlavie410

    cestlavie410 New Member

    My PD is also past April 2001. My mother applied in 1995... employment based... a case I was part of, but unfortunately aged out of in 2001 when her I130 got approved. From what my lawyer is stating... my current cases (one thru my father, one thru my mother, family based) are grandfathered into the original case I aged out of, and therefore still covered under 245i to adjust status.

    Apparently "PR Pending" is just a nicer term than saying illegal, or without a status... it isn't, to my knowledge, a formal status. One is illegal until the I-485 is filed if he doesn't hold a valid visa.
    Last edited by a moderator: Oct 23, 2006
  20. ULTRON

    ULTRON Registered Users (C)

    Well, here is my case:

    My whole family came to the US on visit in May 1998. My mom was immediately sponsored (she is a nurse) and my lawyer then applied for the whole family: the I-485 and I-765 back in 1999; we all got our EADs (yes I did have a valid work permit in 1999 and my I-485 appl was received by the INS) but only my parents and younger brother got their GC application approved because I aged out at that time. I was 20 when the appl went in, but aged out due to INS processing delays.

    So, my lawyer reapplied for my I130 right after my parents got their GC in 2002 (this was April 2002) and I am in PD2B category right now. However, next year, my parents will get their citizenship, so I'll jump up to PD1 category.

    My lawyer mentioned nothing about the 245(i), I believe I'm still covered by it just like cestlavie410 because my lawyer did say I'll have to pay $1000 fine to readjust my status. I've been in the US since 1998.

    cestlavie410, what does "grandfathered into the original case" mean? Does it have something to do with "aging out"?


    Last edited by a moderator: Oct 23, 2006

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