US citizen parents sponsoring over 21 son..

[chromedOut]

ultron

my case is very similar to yours. I, too, aged out while the rest of my family got their GCs and later were naturalized. my father filed for me after he got his GC. my i-130 priority date was before april 2001, so there was never any question that I didn't qualify for 245i.

I had to pay the $1,000 penalty when I submitted my i-485. I suggest you start getting your papers in order starting with getting the necessary vaccinations if you don't have a shot record...mine were all current except my tetanus shot.

if you have any questions I'll be happy to answer them for you to the best of my ability.

oh and one more thing. don't even think about leaving the country -- even with an AP -- until you have your GC. good luck.

 

[ULTRON]

Thanks for your encouraging words chromedOut. My lawyer said that Section 245i has many parts and immediate, unmarried relatives of US citizens have no problems in this area as long as we pay the $1000 fine. So I will definitely get EAD by the end of 2007. Irrelevent to my case, even Mexicans who entered illegally are being granted asylum under 245i w/o the 10 year bar. So new laws keep popping up. Also considering the fact that I've had my SS# since 1999, my stuff has been with the INS since that year.

To princesskate: Medical schools don't really care about immigration status as long is the student has a SS#, valid drivers licence, a US address, residence at that US address, undergraduate transcripts from a US college, letters of recommendations from US professors, etc., and I have all those. However, if someone located in China would apply, then immigration becomes an issue.

ULTRON

ultron

my case is very similar to yours. I, too, aged out while the rest of my family got their GCs and later were naturalized. my father filed for me after he got his GC. my i-130 priority date was before april 2001, so there was never any question that I didn't qualify for 245i.

I had to pay the $1,000 penalty when I submitted my i-485. I suggest you start getting your papers in order starting with getting the necessary vaccinations if you don't have a shot record...mine were all current except my tetanus shot.

if you have any questions I'll be happy to answer them for you to the best of my ability.

oh and one more thing. don't even think about leaving the country -- even with an AP -- until you have your GC. good luck.

 

[princesskate]

Hmm I didn't know that's how it works for medical school. When I was a foreign student, my college always reminded us how important it was to have a valid I-20, and if people dropped to under 12 units then they'd need to reinstate immediately to avoid being out of status. I thought a valid status is something BIG for a foreign student.

Just curious, are you paying foreign student tuition fee or resident tuition fee? Or do you go to private college so everybody is paying the same fee?

 

[ULTRON]

Well, my medical school did ask for my alien number (it is there on my current I-130 application and also there on my former/rejected I 485 application from which I aged out), drivers licence and a valid SS#. You see my case is very very rare....but I'm glad they didn't ask for a GC photocopy!!

Just to let you know, it's impossible for foreign I-20 students to get into US medical schools, some do get in but thats rare. I'm in a private school..was awarded scholarship for the first 2 years, but will pay only for the last 2 years as a local student.

ULTRON

Hmm I didn't know that's how it works for medical school. When I was a foreign student, my college always reminded us how important it was to have a valid I-20, and if people dropped to under 12 units then they'd need to reinstate immediately to avoid being out of status. I thought a valid status is something BIG for a foreign student.

Just curious, are you paying foreign student tuition fee or resident tuition fee? Or do you go to private college so everybody is paying the same fee?

 

[TheRealCanadian]

Thanks for your encouraging words chromedOut. My lawyer said that Section 245i has many parts and immediate, unmarried relatives of US citizens have no problems in this area as long as we pay the $1000 fine. So I will definitely get EAD by the end of 2007. Irrelevent to my case, even Mexicans who entered illegally are being granted asylum under 245i w/o the 10 year bar. So new laws keep popping up. Also considering the fact that I've had my SS# since 1999, my stuff has been with the INS since that year.

No one questions the fact that 245i does cover FB1 cases, or that you have had stuff with INS or USCIS since 1999. The question I have really boils down to wether your earlier eligibility for 245i carried over to your FB1 case when you aged out. I really would suggest you get a second opinion, namely:

"If an alien qualified for 245i as a dependent (child) in an EB case but then lost eligibility due to aging out and his I-485 was denied, does 245i eligibility carry over to a later FB case filed on his behalf by his parents who became permanent residents and are now US citizens?"

If the answer is yes, then you will be fine and you are correct - you file the I-485A, pay the thousand bucks and off you go. If not, however, then the consequences are huge.

 

[cestlavie104]

TheRealCanadian: Since I'm in the same situation you've described... I wanted to say that I did get a second opinion when my FB I-130 got approved, and was told that my eligibility would carry over from my mother's EB I130. Only in my case, I aged out a few months before my mother's I-130 got approved... thus never got to file an I-485.

If anyone have been told or strongly believes otherwise, speak now please.

 

[mermaid06]

Hey guys! Sounds like we are all in a more or less similar situation. My I130 priority date is November, 2002 filed to Nebraska service center. This year I got a notice saying that the case was being transferred to California. They are currently processing cases with receipt dates of February 2005.... And nothing on my case.
Have you heard of I130 being transferred to CaliforniaSC? Can my mother send her naturalization certificate (where though?National Visa Center?) to upgrade my application even if I130 is not approved?? What happend if priority date becomes current and I130 is still not approved?

Thanks!

 

[princesskate]

Well, my medical school did ask for my alien number (it is there on my current I-130 application and also there on my former/rejected I 485 application from which I aged out), drivers licence and a valid SS#. You see my case is very very rare....but I'm glad they didn't ask for a GC photocopy!!

Wow, so as long as a person can provide an A#, then the person can pay only the resident tuition fee? Which state do you live?

Just to let you know, it's impossible for foreign I-20 students to get into US medical schools, some do get in but thats rare. I'm in a private school..was awarded scholarship for the first 2 years, but will pay only for the last 2 years as a local student.

ULTRON

That's what I heard from my friend who was trying to apply for medical school too. However I have another friend who is a foreign student got into the medical school finally after applying twice with his 3.95 GPA and his lately earned Master's degree.

 

[chromedOut]

Hey guys! Sounds like we are all in a more or less similar situation. My I130 priority date is November, 2002 filed to Nebraska service center. This year I got a notice saying that the case was being transferred to California. They are currently processing cases with receipt dates of February 2005.... And nothing on my case.

this is that I did for my case, ymmv.

the i-130 establishes your priority date based on your relationship to a resident/citizen. when your pd becomes current according to the visa bulletin you are elible to file for AOS (i-485). I filed my i-485 before my i-130 was "approved", based on my pd becoming current.

when my father was a lpr he filed for me. he was naturalized while I was on queue and my attorney sent a cover letter along with my AOS and EAD packet requesting I be upgraded to FB1 priority. that was when the copy of the naturalization certificate was submitted.

after I was well into the i-485 process I received an NOA stating that my i-130 had been transfered to csc. last time it was touched was 8/31. I have since received my EAD, and been to the interview (I was approved, but no GC was ordered since I my pd was retrogressed...but will be current in nov.)

I should mention that at the interview the io said that my i-130 was missing from my file so he just had my father and I fill a new one out on the spot which he said he could approve right away.

 

[ULTRON]

cestlavie104, you are so right. My lawyer said the same thing so I have no worries.

ULTRON

TheRealCanadian: Since I'm in the same situation you've described... I wanted to say that I did get a second opinion when my FB I-130 got approved, and was told that my eligibility would carry over from my mother's EB I130. Only in my case, I aged out a few months before my mother's I-130 got approved... thus never got to file an I-485.

If anyone have been told or strongly believes otherwise, speak now please.

 

[ULTRON]

Wow, my case was also transferred to CA from Nebraska. But why would your I130 not be approved? I130 will get approved only after the priority date.

ULTRON

Hey guys! Sounds like we are all in a more or less similar situation. My I130 priority date is November, 2002 filed to Nebraska service center. This year I got a notice saying that the case was being transferred to California. They are currently processing cases with receipt dates of February 2005.... And nothing on my case.
Have you heard of I130 being transferred to CaliforniaSC? Can my mother send her naturalization certificate (where though?National Visa Center?) to upgrade my application even if I130 is not approved?? What happend if priority date becomes current and I130 is still not approved?

Thanks!

 

[TheRealCanadian]

I130 will get approved only after the priority date.

Not necessarily. If they've got nothing better to do, they can get around to approving I-130s without current priority dates. It's actually better that these be ajudicated as soon as possible.

 

[ULTRON]

I live in IL. My med school asked me to choose "premanent resident" or "citizen" on my appl. If PR, they asked me to provide the A#....and thats it.....but it also depends on the type of medical school. However, a GC or EAD is required for residency training.

ULTRON

Wow, so as long as a person can provide an A#, then the person can pay only the resident tuition fee? Which state do you live?

That's what I heard from my friend who was trying to apply for medical school too. However I have another friend who is a foreign student got into the medical school finally after applying twice with his 3.95 GPA and his lately earned Master's degree.

 

[ULTRON]

Really? How can I get them to approve my I130..?

Not necessarily. If they've got nothing better to do, they can get around to approving I-130s without current priority dates. It's actually better that these be ajudicated as soon as possible.

 

[TheRealCanadian]

Really? How can I get them to approve my I130..?

Ask? Just don't be surprised if they say no.

My point is merely that an I-130, I-140 or I-360 does not need a current priority date in order to be approved.

 

[mermaid06]

when my father was a lpr he filed for me. he was naturalized while I was on queue and my attorney sent a cover letter along with my AOS and EAD packet requesting I be upgraded to FB1 priority. that was when the copy of the naturalization certificate was submitted.

QUOTE]

And can I ask where you sent the upgrade request? To nebraska before it was transferred to california?

I am just worried because in california the receipt dates of I130 pr for unmarried over 21 that are currently being processed are February 2005 and mine is November 2002. I hope they don't change the priority date form the original one to the date of tranfer to california.

Regarding medschool admissions, foreign students can get into private schools, but they have to show a bank statement or real estate that is worth 4 years worth of tuition, which is usually around $200,000.

 

[mermaid06]

I live in IL. My med school asked me to choose "premanent resident" or "citizen" on my appl. If PR, they asked me to provide the A#....and thats it.....but it also depends on the type of medical school. However, a GC or EAD is required for residency training.

ULTRON

I am really surprised that they didn't ask for you GC. You are just very lucky!

 

[ULTRON]

mermaid, you're comfusing the priority date with processing date. Ofcourse the processing date is 2/2005....but this date is only for people who are past their priority date. You have to wait ...like me....till your priority date arrives. The current priority date is april 22 2001, so you have to wait approximately till beginning 2008 for your turn.....or you can marry a US citizen. See below:

Priority dates: http://www.mendozamueller.com/prioritydates.html

Procressing dates: https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=California

ULTRON

And can I ask where you sent the upgrade request? To nebraska before it was transferred to california?

I am just worried because in california the receipt dates of I130 pr for unmarried over 21 that are currently being processed are February 2005 and mine is November 2002. I hope they don't change the priority date form the original one to the date of tranfer to california.

Regarding medschool admissions, foreign students can get into private schools, but they have to show a bank statement or real estate that is worth 4 years worth of tuition, which is usually around $200,000.

 

[ULTRON]

chromedOut, did you have an interview?

ULTRON

ultron

my case is very similar to yours. I, too, aged out while the rest of my family got their GCs and later were naturalized. my father filed for me after he got his GC. my i-130 priority date was before april 2001, so there was never any question that I didn't qualify for 245i.

I had to pay the $1,000 penalty when I submitted my i-485. I suggest you start getting your papers in order starting with getting the necessary vaccinations if you don't have a shot record...mine were all current except my tetanus shot.

if you have any questions I'll be happy to answer them for you to the best of my ability.

oh and one more thing. don't even think about leaving the country -- even with an AP -- until you have your GC. good luck.

 

[mermaid06]

mermaid, you're comfusing the priority date with processing date. Ofcourse the processing date is 2/2005....but this date is only for people who are past their priority date. You have to wait ...like me....till your priority date arrives. The current priority date is april 22 2001, so you have to wait approximately till beginning 2008 for your turn.....or you can marry a US citizen. See below:

Priority dates: http://www.mendozamueller.com/prioritydates.html

Procressing dates: https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=California

ULTRON

So what do these dates mean? https://egov.immigration.gov/cris/jsps/Processtimes.jsp?ServiceCenter=California
It says FEBRUARY 2, 2005 FOR I130?