US citizen parents sponsoring over 21 son..

RSRK said:
My citizenship oath ceremony is tomorrow, 4th March 2009. After this I plan to upgrade my son’s category from FB2B to FB1. With this his priority date in family petition which is April 2001 will immediately become current as per latest visa bulletin (March 2009).
However his employment based petition (EB3) which has a priority date of July 2002 is not yet current and moving very slowly, although his I 140 got approved recently. He was recently finger printed too and has an EAD and AP based on his employment based petition. He has also undergone medical test for this purpose. His employment based I-485 which was filed in July 2007 is not yet approved- maybe the name check is still pending.
My question is:
1) Should I tell him to withdraw employment based I-485 (not yet approved), so that he can right away file family based I-485, EAD and AP which has a current priority date in FB1 category? Then what happens to his employment based approved and valid EAD and AP? Also will he have to undergo finger printing and medical tests all over again?
or
2) File concurrently in family category also- this may mess up both the applications as per lawyers
or
3) Request USCIS to replace employment based I-485 with family based I-485?
I am really very confused and so is my son. After waiting for years for this to happen, we are still stuck as there is no clear guideline. Anybody there to advise, please? Thanks.
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Take infopass , ask USCIS what to do.
They might let you know what is happening with his EB3 or how ling it will take etc.
Then there itself you can update his F2b to F1 .
Getting green card through family is better as he does not have to be attached with his employment in future.
BUt updating ect may be time consuming.
I think in your situation go to UScis local office and talk to them.
 
HI RSRK,
Go to NVC link , there is a phone no which is a help line too.
(a telephone operator)
.
You can speak with them .
YOUr sons case upgradation has to be done with NVC. The reason is as it is already approved so the case is now in NVC waiting for cutoff date.
so I think you have to deal with NVC now.
I also have similar case which i will handle in future.
Your experience will be helpful for me.
 
Another point is
If you are not working or below poverty line as a sponsor then you will have to ask for co sponsor to show the financial responsibility.
 
tikyut, your case is very complex because your mom filed your petition after April 2001, which means you cannot be granted SECTION 245(i) benefits of immigration law ~ meaning, you shouldn't even be in the US right now (no wonder your expired I-94 is creating problems)!!

My case is different because I'm protected under the SECTION 245(i) of Immigration law. My file was with the INS before ~ April 2001. Yes, please talk to a good lawyer. Furthermore, FB1 I130 petition has nothing to do with I-94 expiry. Good luck!

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.
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Thanks Ultron. Sorry... I forgot to Congratulate you. I was so preoccupied by this news.
I wish I knew about this website before deciding on staying here passed the i-94 stay limit. I have contacted some lawyers. I will get advise from 3 of them before deciding on which one is best to defend me.
 
ULTRON said:
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
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Congratulations!!!!! Now we can officially close the thread since you started it and now you are all done!!
 
tikyut - you should be aware that overstaying your visa can have drastic consequences. For example, if you overstayed your visa by less than six months, you could face a 3 year ban from reentering the US. If you overstayed your visa by more than six months, you could face a 10 year ban from reentering the US. Nevertheless, there are things called "waivers" that can protect you from these bans, and help you reenter the US. Please speak to a good lawyer!!

Carefully read this entire page: http://www.humanrightsattorney.com/sub/unlawfulentry.jsp

ULTRON


tikyut said:
Thanks Ultron. Sorry... I forgot to Congratulate you. I was so preoccupied by this news.
I wish I knew about this website before deciding on staying here passed the i-94 stay limit. I have contacted some lawyers. I will get advise from 3 of them before deciding on which one is best to defend me.
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Haha....thanks mermaid06! If they close this thread....we'll have to start a new one!! I mean, we have a ton of people in the same situation - people power! :D

ULTRON

mermaid06 said:
Congratulations!!!!! Now we can officially close the thread since you started it and now you are all done!!
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Ultron, If U are going to be still around this forum, can u please answer two of myquestions specifically?
1) Where did you sent your family petition approval (NOA) and your mom's naturalization certificate for upgrading your case? I and my son both live in USA, but when I called USCIS, they tell me to send these documents to NVC (where I guess the immigrants with consular processing will send and not adjustment of status). However when I called NVC, their automated line says that my son's approved petition's receipt number is not there/ or they have not received. What does this mean and where are we supposed to send these documents for upgrading and how to find out where my file is?
2) Of the required forms to be filed: I-485, EAD, Ap, I-864/ 864A, Medical's form, Geopgraphic info form etc where should each of them be mailed? I live in California with my daughter who will be the co-sponsor in filing I-864, whereas my son, the beneficiary lives in NewJersey.
Thanks for your reply.
 
ULTRON said:
For example, if you overstayed your visa by less than six months, you could face a 3 year ban from reentering the US. If you overstayed your visa by more than six months, you could face a 10 year ban from reentering the US.
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This is not correct. If you overstay or accumulate illegal presence of less than 180 days, all that happens is your visa is automatically canceled. If you overstay by 180-365 days, you are subject to the 3-year bar. After 365 days, the 10-year bar. There is no "could be". The bars are non-discretionary and automatic.

Nevertheless, there are things called "waivers" that can protect you from these bans, and help you reenter the US. Please speak to a good lawyer!!
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They are also exceptionally rare and hard to get. I would never base my strategy on getting one.
 
RSRK - For question 1:

Quoting from: http://travel.state.gov/visa/immigrants/info/info_3180.html

Please make a copy of your Naturalization Certificate. Send the copy - NOT the original - to the National Visa Center with a letter containing the beneficiary name and case number of the petition you want to upgrade. We will send the beneficiary any additional forms and information that may be required. Send to:

National Visa Center
Attn: WC
32 Rochester Ave.
Portsmouth, NH 03801-2909
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For question 2:
All these forms you mentioned come with written instructions on how to file them. When you fill them, they tell give you the address where to submit them. Look up these forms from the USCIS website.

ULTRON


RSRK said:
Ultron, If U are going to be still around this forum, can u please answer two of myquestions specifically?
1) Where did you sent your family petition approval (NOA) and your mom's naturalization certificate for upgrading your case? I and my son both live in USA, but when I called USCIS, they tell me to send these documents to NVC (where I guess the immigrants with consular processing will send and not adjustment of status). However when I called NVC, their automated line says that my son's approved petition's receipt number is not there/ or they have not received. What does this mean and where are we supposed to send these documents for upgrading and how to find out where my file is?
2) Of the required forms to be filed: I-485, EAD, Ap, I-864/ 864A, Medical's form, Geopgraphic info form etc where should each of them be mailed? I live in California with my daughter who will be the co-sponsor in filing I-864, whereas my son, the beneficiary lives in NewJersey.
Thanks for your reply.
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245 i / grandfathered

I saw a lawyer this week and received the greatest news ever. I am automatically a beneficiary of the 245 i law dur to the fact that my grand mother applied in 1972 for my mom and I was a minor then. I read the law interpretation on
shusterman.com/245i-faq.html and saw a video about it on youtube
youtube.com/watch?v=0M87AfAi_XI

I thought I'd share this with u all. Someone might benefit from this great info.
 
OK everyone, I'm outta this forum; I need to get on with my life. I wanted to say thank you and good-bye to everyone here. You guys were the ONLY social support that kept me sane during the darkest, horrible, lonely, hideous time of my life. I want to close this chapter of my life forever, and never wish to speak or think about it again!! God Bless everyone!!

ULTRON
 
I -130 approved nw what

Hello,
I am an unmarried son over 21 already in the US, my parents are GC holders..I am in F2B category, I-130 filed in July 2003 and got approved in Jun 2005...

What is next step for me? Is there anyway I can expedite my case?

When can I file for my I-485 or EAD?

What happens if I get married in the meantime?

Thanks
 
ULTRON said:
OK everyone, I'm outta this forum; I need to get on with my life. I wanted to say thank you and good-bye to everyone here. You guys were the ONLY social support that kept me sane during the darkest, horrible, lonely, hideous time of my life. I want to close this chapter of my life forever, and never wish to speak or think about it again!! God Bless everyone!!

ULTRON
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I hope my turn will be soon..and good luck to your next chapter..ULTRON:cool:
 
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sky701,

You have to wait your turn and maintain a legal status if you plan to live in the US until visa becomes avaiable for you.

If you get married, you forfit your chance for GC as child of LPR.
 
I recently acquired United States Citizenship by naturalization. Earlier I had petitioned as an LPR –priority date: 23rd April 2001 for my adult unmarried son which will be upgraded now because of my citizenship and become current under FB1. My son is also being sponsored by his employer, 90% of which is complete, only I485 remains as its PD is not yet current.
Meanwhile Is it possible to file another I-1485 and the whole package again in family category even if one has an employment based petition with a valid EAD and AP (till end 2009), medicals and FP done. I met an immigration officer by infopass and they said one can do it but there are some people who are getting RFEs on second set of applications, specially for EAD and AP if they have valid ones on file. Do you think they consolidate all the petitions if someone has more than one petition going on. Can anyone please throw some light on this?
 
needless to say new here and to the American immigration system...

quite frankly im overwhelemed by the info present...

im based in London and my dad's an American citizen. we want to move to the states sometime soon and he filed a petition when i was very young. visas were sent but we never bothered to go (our mistake!)

new petitions were filed a couple of years ago and havent heard from the USCIS since.. the cheque used to pay has been cleared (is that significant?!)

however more importantly when my dad went to the embassy here, they said he could potentially re-open the case when we first got our visas... which means the process could be expedited... again this advice is from someone at the embassy... however he has asked us to get professional help.

m i out of my mind to think it could be expedited? if we were to get professional help, should my dad get it from within states or an immigration lawyer in London should be as good?!

any help is much appreciated
 
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