US citizen parents sponsoring over 21 son..

ULTRON said:
Yes I was. My mom is a US citizen who filed for me and my interview is scheduled for next week!! Employment based visas involve weird commitments and/or contracts etc....especially for non-medical fields. Go with family category! Those involve less hassle and are more economical.

ULTRON
Click to expand...
Best of luck for the interview! I have a few questions regarding your employment based petition. What was its status? I mean I-140- approved? FP done? EAD and AP approved? I-485? What was your priority date?
Did you have to withdraw all of these to continue with family category and file adjustment of status? Could you please give a more detail process about how you went about it?
Because my son's I-140 approved, EAD and AP approved (and went for a brief visit to India), FP done. Only I1485 pending as his priority date is not current in employment category- being so close, he is holding on to that.
In family category, we will have to do all this all over again - yes he will be current for the priority date which makes all the difference.
 
Sir - I didn't apply for employment based petition. It was too expensive. Although I was thinking about it, but never did. My PD was April 2002, which became current in October 2008. What is your son's PD?

ULTRON

RSRK said:
Best of luck for the interview! I have a few questions regarding your employment based petition. What was its status? I mean I-140- approved? FP done? EAD and AP approved? I-485? What was your priority date?
Did you have to withdraw all of these to continue with family category and file adjustment of status? Could you please give a more detail process about how you went about it?
Because my son's I-140 approved, EAD and AP approved (and went for a brief visit to India), FP done. Only I1485 pending as his priority date is not current in employment category- being so close, he is holding on to that.
In family category, we will have to do all this all over again - yes he will be current for the priority date which makes all the difference.
Click to expand...
 
Hi,

I'm quite new to this forum so forgive me if I'm asking question that was already answered. My mom is a greencard holder and would like to petition her son (my brother) who's already in the U.S. as a student. My question : If my mom files a petition for him while he is still legal here but then later on his legal status as a student expires while the visa number is not yet available, does he have to leave the country? Some told me he couldn't leave the country once my mom files for him. Some told me then it will considered "overstay" and and he will need to pay $1,000 pernalty. Which one should I believe? Paying $1,000 is not a problem but we're afraid of more serious penalty or consequences. Thanks in advance for your reply.
 
Wim said:
If my mom files a petition for him while he is still legal here but then later on his legal status as a student expires while the visa number is not yet available, does he have to leave the country?
Click to expand...

No he doesn't - he can stay in the US. But he can't legally work in the US, cannot attend public universities, and cannot travel to foreign countries.

Wim said:
Some told me then it will considered "overstay" and and he will need to pay $1,000 pernalty. Which one should I believe? Paying $1,000 is not a problem but we're afraid of more serious penalty or consequences. Thanks in advance for your reply.
Click to expand...

Yes, I also overstayed my visa and had to pay the $1000 penalty. There are no "serious penalty or consequences" involved. He can stay in the US as long as he likes, but make sure he doesn't commit any type of crimes. Even little misdemeanors can get him in a LOT of trouble.

I wanted to know, how old is your brother? Is he over 21? If he is over 21, being petitioned by his mom would take a looooong time ~ 10+ years. Here's what you do:

- Ask your mom to petition him immediately.
- Ask your mom to get her US citizenship ASAP.

If these are true, your bro may come under F1B category - son/daughter of US citizen and it would make your priority date arrive earlier (~ 6 years). But if your mom continues to stay as a permanent resident, his priority date will arrive ~ 10-15+ years later.

ULTRON
 
Thanks a lot for your reply. My brother is over 21 and my mom has just got her greencard so there's nothing we can do to speed things up.

Anyway, good luck on your interview. Thanks again.
 
Wim said:
Some told me then it will considered "overstay" and and he will need to pay $1,000 pernalty. Which one should I believe?
Click to expand...

DO NOT BELIEVE whoever told you that. The $1,000 penalty is a provision of Section 245i of the INA, which expired on April 30, 2001. Unless the I-130 was filed prior to that date and the alien in question was physically present in the United States on December 22, 2000 245i relief does not apply.

A Family-Based applicant is not eligible to file an I-485 if they are not in legal status.
 
ULTRON said:
No he doesn't - he can stay in the US. But he can't legally work in the US, cannot attend public universities, and cannot travel to foreign countries.

Yes, I also overstayed my visa and had to pay the $1000 penalty. There are no "serious penalty or consequences" involved. He can stay in the US as long as he likes, but make sure he doesn't commit any type of crimes. Even little misdemeanors can get him in a LOT of trouble.

I wanted to know, how old is your brother? Is he over 21? If he is over 21, being petitioned by his mom would take a looooong time ~ 10+ years. Here's what you do:

- Ask your mom to petition him immediately.
- Ask your mom to get her US citizenship ASAP.

If these are true, your bro may come under F1B category - son/daughter of US citizen and it would make your priority date arrive earlier (~ 6 years). But if your mom continues to stay as a permanent resident, his priority date will arrive ~ 10-15+ years later.

ULTRON
Click to expand...

It's me again. According to TheRealCanadian, I guess my brother's case is different from yours as it seems like your parent filed I-130 for you before April 2001 eventhough the first petition was rejected. Please correct me if I'm wrong. Thanks a lot.
 
There are a bunch of people on this forum who filed for I130 after April 2001 - mountaineer, nish03, and of course me, and many more. By the way, my old application date is no longer valid. When my petition was filed in April 2002, I was completely illegal. So, I paid a $1000 fees and my application has been approved. My question is - when did your brother arrive in the USA? If you brother was present in the US on Dec 21 2000, he is eligible for admission provided he pays the $1000 fees. Else, he'll have to leave the country.

If your bro is over 21, and your mom is only a GC holder, your application will take a very long time to be current. Is your brother college educated? Find a company that will sponsor a H1B for him. Or, make him marry a US citizen. Or, send him back to his home country and live there till his application becomes current. Or, he can do what all of us on this forum did - live in the US and patiently wait.

ULTRON

Wim said:
It's me again. According to TheRealCanadian, I guess my brother's case is different from yours as it seems like your parent filed I-130 for you before April 2001 eventhough the first petition was rejected. Please correct me if I'm wrong. Thanks a lot.
Click to expand...
 
Last edited by a moderator:
What you say applies only to a specific number of people. The person applying after April 2001 can still be eligible if they were present in the USA on December 21 2000. You can read about it here: http://www.immigrationlinks.com/news/news682.htm When my application was filed in April 2002, I was completely illegal, but my app was accepted because I was present in the US since 1998.

ULTRON

TheRealCanadian said:
DO NOT BELIEVE whoever told you that. The $1,000 penalty is a provision of Section 245i of the INA, which expired on April 30, 2001. Unless the I-130 was filed prior to that date and the alien in question was physically present in the United States on December 22, 2000 245i relief does not apply.

A Family-Based applicant is not eligible to file an I-485 if they are not in legal status.
Click to expand...
 
Last edited by a moderator:
ULTRON said:
When my application was filed in April 2002, I was completely illegal, but my app was accepted because I was present in the US since 1998.
Click to expand...

No, your application was accepted because you were a derivative beneficiary of an immigrant visa petition filed prior to April 2001, hence 245i benefits attached.

Why do you think there was such a mad rush to file I-130s and Labor Certs in April 2001???
 
nish03 said:
I received my green card in the mail. I updated my signature to reflect that. Thanks everyone for stimulating discussions on this board.
Click to expand...

Nish03, Mountaineer,
Congrats.
I had filed I-130 as an LPR for my adult son in April 2001 at Vermont Service center. He is on H1 visa and works in NewJersey. Now I have become a US citizen which automatically upgrades this petition from F2b to FB1. I called up USCIS today to locate where my petition is and where I should send the necessary documentation. The lady customer rep told me that I should send it to NVC, even though I told her specifically that my son is in US and needs to adjust status.
I want to know where you all send in your papers (I-485, I131, 765, affidavit of support etc? How do you go about sending medicals?
 
RSRK said:
I want to know where you all send in your papers (I-485, I131, 765, affidavit of support etc? How do you go about sending medicals?
Click to expand...

He just needs to send in all the forms to the USCIS Service Center that has jurisdiction over his area. USCIS will request the I-130 file from NVC.
 
Hello everyone - I JUST had my interview on Clark St. Chicago. Here is my experience:

- There were 4 people present: the interviewer, my lawyer, my mom (petitioner), and me.
- The interviewer was a very friendly gentleman.
- The entire interview lasted < 10 minutes.

As soon as we entered, the officer greeted us and asked my mom and me to hold our right hands and take an oath. The officer then asked me, "What is your mom's date of birth?" and "What is your present address?" and "Whom do you live with?" He asked the same questions to my mom. The officer then proceeded to ask questions like "Have you ever been arrested, supported terrorism, affiliated with communist/Marxist parties, etc., etc." The officer then asked me to produce an ID, passport, and I-94. He then sort of muttered something to himself and checked something on the computer. He then made copies of our IDs. He then stated he was the biggest fan of Indian/India movies and food, etc!

The officer kept my EAD card and said my application was approved, and we'd receive an approval official notice within a week. In the end, we shook hands and he asked me what my future plans were....

...well, here it is.

ULTRON
 
ULTRON said:
Hello everyone - I JUST had my interview on Clark St. Chicago. Here is my experience:

- There were 4 people present: the interviewer, my lawyer, my mom (petitioner), and me.
- The interviewer was a very friendly gentleman.
- The entire interview lasted < 10 minutes.

As soon as we entered, the officer greeted us and asked my mom and me to hold our right hands and take an oath. The officer then asked me, "What is your mom's date of birth?" and "What is your present address?" and "Whom do you live with?" He asked the same questions to my mom. The officer then proceeded to ask questions like "Have you ever been arrested, supported terrorism, affiliated with communist/Marxist parties, etc., etc." The officer then asked me to produce an ID, passport, and I-94. He then sort of muttered something to himself and checked something on the computer. He then made copies of our IDs. He then stated he was the biggest fan of Indian/India movies and food, etc!

The officer kept my EAD card and said my application was approved, and we'd receive an approval official notice within a week. In the end, we shook hands and he asked me what my future plans were....

...well, here it is.

ULTRON
Click to expand...
Well, Congrats Ultron and to your mother too. Finally the day came for you. I can feel the happiness your mom feeling as I myself am a mom waiting for my son to get his GC. Well it will be a while we get to do this.
I have two questions: do you and ur mom stay together or separately and accordingly provided the address(s) in your forms? Also affidavit of support- did she need to have a joint co-sponsor? Since I will be carrying this process in my son's case- we stay separately and will need a joint sponsor, I am asking your experience. Thanks
 
Yes RSRK...it was a relief!! We felt like 7 billion lb just dropped off our chests...haha.

Well, I stay with my family in the same house. She was a lone sponsor....

If your son and you separately, you must have a good reason for that.

ULTRON

RSRK said:
Well, Congrats Ultron and to your mother too. Finally the day came for you. I can feel the happiness your mom feeling as I myself am a mom waiting for my son to get his GC. Well it will be a while we get to do this.
I have two questions: do you and ur mom stay together or separately and accordingly provided the address(s) in your forms? Also affidavit of support- did she need to have a joint co-sponsor? Since I will be carrying this process in my son's case- we stay separately and will need a joint sponsor, I am asking your experience. Thanks
Click to expand...
 
Ultron. I had the exact same interview as yours. My mom, my brother and the interpret and I was there. The interviewer shook hands with us after these questions then said we were approved and we should receive our GC within a week. Then a month after she called to say that after final review they realized hat my i94 was expired since 2005 so I was out of status so I will receive a letter soon with details on appealing options etc.. I just can't believe it. My mom is a us citizens who applied for us on dec 2001. On june 2005 I was kidnapped for 10 days in my birth country so mom decided to buy a house in the US and moved us there ever since.
Right now we're looking for a great lawyer who can defend our case. It's frustrating to me that I waited this long. Never got married when I could've because of this application who specified the "unmarried daughter or song over 21". I have a 16 mo old born in the US, I'm turning 30 soon and still under the care of mom cause I could not work because of my status. I'm just in awe of how this have destroyed a great portion of my life.
Sorry just needed to vent a little.
 
ULTRON said:
Hello everyone - I JUST had my interview on Clark St. Chicago. Here is my experience:

- There were 4 people present: the interviewer, my lawyer, my mom (petitioner), and me.
- The interviewer was a very friendly gentleman.
- The entire interview lasted < 10 minutes.

As soon as we entered, the officer greeted us and asked my mom and me to hold our right hands and take an oath. The officer then asked me, "What is your mom's date of birth?" and "What is your present address?" and "Whom do you live with?" He asked the same questions to my mom. The officer then proceeded to ask questions like "Have you ever been arrested, supported terrorism, affiliated with communist/Marxist parties, etc., etc." The officer then asked me to produce an ID, passport, and I-94. He then sort of muttered something to himself and checked something on the computer. He then made copies of our IDs. He then stated he was the biggest fan of Indian/India movies and food, etc!

The officer kept my EAD card and said my application was approved, and we'd receive an approval official notice within a week. In the end, we shook hands and he asked me what my future plans were....

...well, here it is.

ULTRON
Click to expand...
Congrats ULTRON !!!!!!!!!
 
tikyut said:
Ultron. I had the exact same interview as yours. My mom, my brother and the interpret and I was there. The interviewer shook hands with us after these questions then said we were approved and we should receive our GC within a week. Then a month after she called to say that after final review they realized hat my i94 was expired since 2005 so I was out of status so I will receive a letter soon with details on appealing options etc.. I just can't believe it. My mom is a us citizens who applied for us on dec 2001. On june 2005 I was kidnapped for 10 days in my birth country so mom decided to buy a house in the US and moved us there ever since.
Right now we're looking for a great lawyer who can defend our case. It's frustrating to me that I waited this long. Never got married when I could've because of this application who specified the "unmarried daughter or song over 21". I have a 16 mo old born in the US, I'm turning 30 soon and still under the care of mom cause I could not work because of my status. I'm just in awe of how this have destroyed a great portion of my life.
Sorry just needed to vent a little.
Click to expand...

does I 94 has time limited ? I think I94 expired will not affect your status as long as u keep ur status legal in usa. i just don't get it.
 
You must log in or register to reply here.
Top