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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    I-130 filed before April 30, 2001 and still pending. What should I do now?
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Associate Member
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Hello Mohan,

Thank you. So going back to my husband's case (two pending I-130 by me (USC) and her sister (USC)), I have a question for dropping a petition.

Since he cannot leave the contry due to the activation of the 3/10 bar due to the illegal entry to the US without inspection, we decided not to go to Mexico for the final interview. I want to drop the petition I filed for him and focus on his sister's petition. Would dropping my petitioin for him somehow cause anything to his sister's petition? If I were to drop my petition, what is the procedure to do that?
He's still illegal and I want him to get a Social Security and employment authorization. Can he file I-485 and Employment application for him while I-130 (from her sister) is pending?
Thank you.
 
Posts: 14 | Registered: 01-10-2007Reply With QuoteEdit or Delete MessageReport This Post
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Picture of Dastur
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FOR Mohan: My brother who was an LPR, a resident of North Carolina. file I-130 in Dec. 2000. NC is under the Jurisdiction of TSC he only received NOA form I-797C informing that Texas Service Center has received the I-130 with check. As soon as we make the decision TSC will inform my brother. This was in 2000. Since then he wrote to them every time but they never respond.
When he become a USC he upgraded this Petitions, to first category in April 06, through NVC he never received any response, on August 22, 06 TSC transfered the files to CSC. Last letter received by my brother CSC said do not contact us until six months. I can not understand what is happening with this cases.
What should we do now.
Thank you for your input and suggestions.
Right now I am back in Florida.

This message has been edited. Last edited by: Dastur,
 
Posts: 202 | Location: Bahrain | Registered: 06-08-2005Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
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So you did received NOA. You should check the priority dates. Priority date Of Brother and sister on based on LPR and Priority date of Brother ans sister on USC based. Let me know if any one is become current on your case.

There are many updates and occured within the time you mentioned as well as DHS is still under Upgrading their way of processing. these update anr just for the show. DHs is trying to show that they are getting rid of backlogs. Info pass was one of them, Centralizing the Issuance of EAD was another. Do u know that District office no more issue EAD? Asulym Based EAQD should be applied in NSC. others are in Chicago etc.
Looks to me that your Petition is still on LPR base. Double check that if its upgraded. CSC process both but 6 months time show that something is not right. On the other words LPR based petition approval will not be issued unless priority date become current but USC based will. so check it again.


Its a discussion, not a legal advise..
 
Posts: 1042 | Registered: 05-29-2003Reply With QuoteEdit or Delete MessageReport This Post
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To Moon: why you want to drop that? there is no logic to drop any petition because DHS allow you to file more then one petition. you will not gain any thing, you may loose time for waiting.


Its a discussion, not a legal advise..
 
Posts: 1042 | Registered: 05-29-2003Reply With QuoteEdit or Delete MessageReport This Post
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Thank you Mohan
 
Posts: 14 | Registered: 01-10-2007Reply With QuoteEdit or Delete MessageReport This Post
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For Mohan: Priority date printed on NOA Form I-797C is December 19, 2000.
According to Visa Bulletin Feb. 2007 family sponsored preference category first, uscis is processing 01 May 2001 for unmarried son/daughter of USC over 21.

1- Do you think we should all NVC or NCS and inform them that we have not received any letter about the upgrade of the I-130, which was done in April 2006.
2- How about if we ask an Immigration Attorney to write a letter to USCIS to find out the delay in this cases. What do you suggest, How should we get some thing in writing from the uscis.
Thanks again.
 
Posts: 202 | Location: Bahrain | Registered: 06-08-2005Reply With QuoteEdit or Delete MessageReport This Post
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Answer to your question is Info Pass. Writing letter by yourself or attorney will fell on deaf ears. you should take an Info pass and take NOA + whole file with you. there you will know why you are not called for further action. in the mean time you will know that where your file s presently, any Last known address, in case its wrong, or not updated.
Take AR -11 duly filled also in case. Ask for action ASAP if Priority date didnot moved backwards. sometimes priority date does not aligned with Web page.


Its a discussion, not a legal advise..
 
Posts: 1042 | Registered: 05-29-2003Reply With QuoteEdit or Delete MessageReport This Post
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Thank you Mohan, I will take Info Pass, as soon as I will get. I will complete the form to day via Internet.
Will let you know about the out come of this case.
Thank you.
 
Posts: 202 | Location: Bahrain | Registered: 06-08-2005Reply With QuoteEdit or Delete MessageReport This Post
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Mohan, Thanks a lot, I have an Info Pass appointment for Jan. 31, 2007 at about 12.15
I have I-797C, and that dates when my brother had upgraded this Petition. I will informed you about the out come of this visit to CSC
Thank again.
 
Posts: 202 | Location: Bahrain | Registered: 06-08-2005Reply With QuoteEdit or Delete MessageReport This Post
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good luck ,


Its a discussion, not a legal advise..
 
Posts: 1042 | Registered: 05-29-2003Reply With QuoteEdit or Delete MessageReport This Post
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Why the TSC has to transfer the file to CSC, when they are already processing other cases.

I will fly with my brother to California, with all the paper work.
I met some nationals who's file is transfered to CSC from TSC, and they have an appointment at Jacksonvill, Fl/ Orlando Office in fl.
The is still pending, do you think it can resolve at local office.
 
Posts: 202 | Location: Bahrain | Registered: 06-08-2005Reply With QuoteEdit or Delete MessageReport This Post
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For MOHAN; In one of the letters TSC had said:

Q-1. Your USCIS Account Number(A-number):
A-1. Information not available.(This is typed by the uscis)
Dastur: After looking at the copy of I-130 all information has been written in the form, copy of I-94 arrival record is attached.
2. Type of service requested: Case Status-Outside Processing Time (Typed by uscis)

Now what should we under stand with # 2. CASE STATUS-OUTSIDE PROCESSING DATE.

Is this Petition approved or what?
I will highly appreciate your comments.
Thanks a lot.
 
Posts: 202 | Location: Bahrain | Registered: 06-08-2005Reply With QuoteEdit or Delete MessageReport This Post
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petition is not approved yet. looks that A # is not correct. you better correct your A # by giving evidence, to cure the unnecessary delay. that may be the reason for delay.


Its a discussion, not a legal advise..
 
Posts: 1042 | Registered: 05-29-2003Reply With QuoteEdit or Delete MessageReport This Post
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Namaskar/Thank you,
Q-1. uscis said your A # is not available.
When we completed the form I-130 we already wrote the A number. as per copy we have. We have also attached the copy of I-94 as well.

I have already made two files of all documents with all the evidence and hope I can now talk to the Officer, it is only the matter of a day.
can I have your email address, if it is not inconvenient.
 
Posts: 202 | Location: Bahrain | Registered: 06-08-2005Reply With QuoteEdit or Delete MessageReport This Post
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writeme your email address then i will email you so you can have my Email address. if I write it here then my mail box will be flooded..


Its a discussion, not a legal advise..
 
Posts: 1042 | Registered: 05-29-2003Reply With QuoteEdit or Delete MessageReport This Post
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Jan.31 arrived in time waited for near about half hour called in and the Officer asked how can I help you. I give her a copy of I-797C and asked her how long it will take for the approval of this case.
She longed in and said it should have been approved long time a go. I asked her when, no sooner you have become a Citizen, I said can you put that in writing,
Then I give her a copy of another letter, I need to see the evidence of mu residency in the Dist of CSC according to this letter.
Then I passed on all the AR-11 where ever my bother moved mail anr e-mail copies.
She said but we do not have all this in pur files, I said I do not work for uscis, and I have no idea what you staff do or through the papers.
She said I will look into this matter and find out what is the delay in your case.
Hope for the best and see what happen now.
Fo: mohan here it is: ahmednajmi@yahoo.comr
 
Posts: 202 | Location: Bahrain | Registered: 06-08-2005Reply With QuoteEdit or Delete MessageReport This Post
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This case was pending for more then 6 years.
Ilw Member Mr. Mohan asked me to take an appointment via Info Pass. Appointment was for Jan.31, 2007, and I received email dated Feb. 01, 2007 informing that I-130's are approved.

Thank you Mohan.
Thanks to all.
Now we are filing I-485 for AOS, and looking into the Package, will need some more help with this as well.
 
Posts: 202 | Location: Bahrain | Registered: 06-08-2005Reply With QuoteEdit or Delete MessageReport This Post
FSN
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FOR MR. MOHAN:
My brother Mr. Dastur, requested you for some information as above, and I have acted the way you have suggested. After a long wait the USCIS had apprived my Petitions I-130 on Feb. 02, 2007 and I have already file all the papers, which I have picked up from USCIS office in Orlando.
Now I have received a letter saying that I-864 which I have filed was out dated and I should file the new of Jan. 15, 2006. I have already order that through the uscis by mail and waiting for the pakage to arrive.
I have checked my funds including sona that all come to amount of $. 79,895.00 will this be enough to over come the 125% of poverty line. please let me know.
 
Posts: 140 | Location: Atlanta, Ga | Registered: 09-13-2003Reply With QuoteEdit or Delete MessageReport This Post
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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    I-130 filed before April 30, 2001 and still pending. What should I do now?


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