what benifit a son can get from his parents who got PR through EAD

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prakash_534

Registered Users (C)
HI all,
please read my case carefully to help me out..

I am 24 year old unmarried person, I am living in india.
my parents went to USA before 14 years, they went their illegaly . they have intially got SSN and driving licence, after that they have got EAD and based upon that they have filed I 485. now they become perment residence of USA. when i have words with them they told me that they have included my name in their petiotion, they say i might get benifit of his petition.they say they have filed I 824. so here i want to know what is the procedure of this benificery petition?? do i really get benifit of his petiotion ?? how long will it take ?? what are the other ways to get benifit in this case???


I really need help from this forum to get my problem solved.. so please please post me reply in details and let me know what can be possible..


Thanks in advance
 
First, a little procedural correction:
Your parents applied for I-485 (AOS), and while waiting for that to be adjudicated, they filed I-765 (EAD) in order to be allowed to work before actually getting the GC.

I shall leave it to others to comment whether or not you can benefit from having your name on your parent petition. It all depends whether you were under 21 at the time the petition was submitted, and also on the CSPA rules governing LPRs.
 
They entered the US without inspection or simply overstayed their visitor visas?
What was the basis they got green cards, employment or family? If family, who sponsored them? Answer there questions and you may get more help here.

prakash_534 said:
I am 24 year old unmarried person, I am living in india.
my parents went to USA before 14 years, they went their illegaly .
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boatbod said:
First, a little procedural correction:
Your parents applied for I-485 (AOS), and while waiting for that to be adjudicated, they filed I-765 (EAD) in order to be allowed to work before actually getting the GC.

I shall leave it to others to comment whether or not you can benefit from having your name on your parent petition. It all depends whether you were under 21 at the time the petition was submitted, and also on the CSPA rules governing LPRs.
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Thank you,
They have EAD and after that they had applied for I 485 and finally in last august they had an interview and they got permenent residence status and green card... now my problem is--They have filed for I 824 for me, Its received date is January 15 2004 and notice date is January 16 2004. my birth date is 28th december 1983, so here i want to know whether i got benifit of under age?? please help me out in this case..
 
Triple Citizen said:
They entered the US without inspection or simply overstayed their visitor visas?
What was the basis they got green cards, employment or family? If family, who sponsored them? Answer there questions and you may get more help here.
Click to expand...
They simply overstayed their on visitor visa.. they got green card based upon employment authorization..how can i get benifit from his petition

thanks in advance
 
How did they get EAD before filing for AOS?

What visa did they use to enter the USA 14 years ago?

Were they sponsored by a company or a family member (who)?
 
It seems you were above 21 when they got their green cards, is that correct?
If that is the case, you avenues for a green card through them are limited, backlogged and full of conditions you need to meet, like not get married for example.

prakash_534 said:
They did AOS I 485 in the year of 2003 and it is approved and they got greencard.

Thanks
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PraetorianXI said:
They used a visitor visa to enter, and were sponsored for Green Card, by a family member I presume. Who was it?
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no they went their on visitor visa and over stayed there, n after that they got alien status n after that they did AOS and got PR status, they didnt got PR from any family members petition.. the time when they filed for AOS i was 20 n half year old and they says they have included my name in their petition n filed for me, so will that petition make any benifit to me at this time ot do they need to make fresh family member petition..

Regards
 
Triple Citizen said:
It seems you were above 21 when they got their green cards, is that correct?
If that is the case, you avenues for a green card through them are limited, backlogged and full of conditions you need to meet, like not get married for example.
Click to expand...
Yes it is true that when they got PR my age was over 21 years. and i m still unmarried.. i want to know which age of mine will be considered.. will it be the time they petitioned for AOS or the time when they got PR approval, becoz they made petition for AOS (PR) in 2003 and they got PR in august 2007..

thanks in advance
 
It sounds like the parents GC may have been based on I-140 employment sponsorship, but its not clear to me quite how the rules of Child Status Protection Act ("CSPA") play into this. There is a significant probability that you've already aged-out since it doesn't appear that your application for CP was submitted within 1 year of the original I-140 approval.

If you have an employer willing to sponsor you for H1B, that may prove to be a better route than through your parents. The only catch is that these days there are so few visas relative to the number of applicants. The result is basically an expensive lottery.
 
prakash, H-1B sounds like a good way to go in your case. What degree do you have? My understanding (although I haven't kept up with the rules) is that there is a better chance with a graduate degree to fall within the H-1B cap than with a bachelor's degree.

If the OP were interested in graduate education in the US, would an F-1 be possible although an immigrant petition has been filed for him and his parents are LPRs? I would think not.
 
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