Hi, my aunt(US citizen) applied for i-130 for my father back in like 2001 or something, I was under 18 at the time and was under child dependent. Last week, we got an email saying our i-130 was approved, however, 2 weeks ago, I turned 21. Am i still eligible to continue filing to get my permanent residency?
Since the i-130 was approved for my father, how long(average time) til he can get his green card?
next step is to file for aos right?
we are both in the country at the moment, hence with expired visas.
This is a bit complicated but I'll try my best to explain-
You and your dad can only apply for AOS if your application was submitted on or before April 30, 2001 (making you 245i). When you do apply, you have to submit evidence that your father was physically present in the U.S. on Dec. 21, 2000.
If you can do AOS, you must wait until your "priority date" or PD is current. Your priority date is the date the I-130 was filed. Once you figure that out, you can check the Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html) every month to see if your PD is current. Click on "Current Bulletin". You would look under the "Family" chart under 4th- write now they are "processing" green cards for applications received on or before June 15 1999 (if your from Mexico or Philippines- even worse). You have another 1-2 years before you can apply for AOS.
Now, about your age- in most cases, those over 21 are no longer eligible to apply as a dependant unless they are covered by CSPA or the Child Status Protection Act. You won't be able to figure out if you are covered or not, however, until your priority date becomes current. Here is how to figure it out:
When your priority date does become current, figure out how old you are (year, months, days). From that age, subtract how long the I-130 was pending (in your case, at least 7-8 years). That will be your CSPA age. As long as that number is under 21, you can apply for AOS. Since it looks as if you just turned 21, I think we can safely assume that you will most likely be covered and will be able to do AOS when your PD becomes current - AS LONG AS YOU STAY UNMARRIED.
Mrs. Mani, does the 245i apply when the application was mailed in on the 30th of April 2001? because we did mail it on the 30th and on the pending page before(ucis website) they said the petition was received on July 25th, 2001.
The physical presence is not a problem but how can we find out if we are 100 percent under 245i?, how do lawyers even find out?
On the I-130 approval notice, it should have the "received" or "receipt" date on the left side near the top. This date needs to be April 30, 2001 or before. Were any other applications filed on your dad's behalf before that date or is this it?
This was the only thing filed on my fathers behalf. I've haven't received the paper copy of the I-130 approval(only email so far).
I have the previous "Notice of Action" paper from along time ago and on the top left "Received Date, it says May 2, 2001" and on the bottom of that "Notice Date, it says July 25, 2001". Do you mean this notice? or the actual I-130 approval notice? Will it say the same thing? If thats the case, I have no hope right?
I've talked one of many lawyers, and this one(before he left his current firm) filed a Freedom of Information Act for us which took him more than a year to get a response from, but according to him, we are under 245i, but since I can no longer get in contact with him, im very unsure and scared actually.
Thank you for your continuing assistance~, i sincerely appreciate it
I just talked to my brother who told me the files got transferred to his new laywer, who i'll be getting in contact soon. Mrs. Mani, do you know what in the FOIA contains that will determine whether the petition falls under 245i?
The I-130 clearly does not make you eligible because USCIS only received your application on May 2, 2001. However, the FOIA may have a copy of some other filing that makes your father and you eligible for 245i. It could be another I-130 or maybe a labor certification.
When we mailed it out on the 30th of April 2001, we sent it express mail, and we dont have the receipt, but only the tracking#, which is now invalid, I tried looking it up on the USPS website with no avail).
I was looking at the USCIS website 245i clauses and I found this(bolded),
§ 1245.10 Adjustment of status upon payment of additional sum under section 245(i).
(a) Definitions. As used in this section the term:
(1)(i) Grandfathered alien means an alien who is the beneficiary (including a spouse or child of the alien beneficiary if eligible to receive a visa under section 203(d) of the Act) of:
(A) A petition for classification under section 204 of the Act which was properly filed with the Attorney General on or before April 30, 2001, and which was approvable when filed; or
(B) An application for labor certification under section 212(a)(5)(A) of the Act that was properly filed pursuant to the regulations of the Secretary of Labor on or before April 30, 2001, and which was approvable when filed.
(ii) If the qualifying visa petition or application for labor certification was filed after January 14, 1998, the alien must have been physically present in the United States on December 21, 2000. This requirement does not apply with respect to a spouse or child accompanying or following to join a principal alien who is a grandfathered alien as described in this section.
(2) Properly filed means:
(i) With respect to a qualifying immigrant visa petition, that the application was physically received by the Service on or before April 30, 2001, or if mailed, was postmarked on or before April 30, 2001, and accepted for filing as provided in §103.2(a)(1) and (a)(2) of 8 CFR chapter ; and
so, if the mail was postmarked on the 30th(assuming they got it on May 1st and then processed it on May 2nd), would I be eligible?
I really appreciate your help, since you seem to be the only one responding. Thank you again
This message has been edited. Last edited by: enoc,
It will really come down to whether or not USCIS accepts that it was postmarked on April 30, 2001. You might want to call USPS and see if they can do anything with the tracking number. Also, there may be something in the FOIA that shows that it was postmarked on time.
u have any update on Nebraska service ctre for family based ( US cit to brother) I130 File date is March 20, 2002, received date is April 18,02, Notice Date, April 19, 02. Priority was left Empty,
quote:
Originally posted by Mrs. Mani: It will really come down to whether or not USCIS accepts that it was postmarked on April 30, 2001. You might want to call USPS and see if they can do anything with the tracking number. Also, there may be something in the FOIA that shows that it was postmarked on time.
I see, well, I am hoping they accept that it was postmarked on the 30th, i mean they received it on May 2nd, so it would seem logical so. Our lawyer says, in case they don't, the only choice we have is to come up with a affidavit statement stating that the sender indeed mailed it out on April 30th, 2001.
I called the post office and they said they only keep tracking numbers in their database upto 2 years. so thats a no go.
No one seems to know what happened to the FOIA, i just have a letter from my previous lawyer(the one who filed the FOIA) stating that we are eligible for the 245i. It's not so reassuring..
Hate to tell you enoc but unless you can prove it were mailed on April 30th 2001, the USCIS will most likely go by the date received, May 2nd 2001 which puts you out of the time frame for 245i. Besides the approval rate for 245i is quite low it seems. Ask Unique on here about his experiences with it. Good luck.
In the beginning the Universe was created. This has made a lot of people very angry and has been widely regarded as a bad move - Douglas Adams
Easiest Prove is 2 things 1) filing date 2) when was the money order been cashed out by US immigration
quote:
Originally posted by Brit4064: Hate to tell you enoc but unless you can prove it were mailed on April 30th 2001, the USCIS will most likely go by the date received, May 2nd 2001 which puts you out of the time frame for 245i. Besides the approval rate for 245i is quite low it seems. Ask Unique on here about his experiences with it. Good luck.
i am sure things will be on your side, which service centre has approved your dad case, so the papers should be on their way to the National Visa Center (NVC) http://www.familybasedimmigrat...antvisaflowchart.php
quote:
Originally posted by enoc: On the back of the cashed check, it has two dates, 7.27.01, and 7.30.01.
On the "Notice of Action" document, Received date was May 2, 2001 Notice date was July 25, 2001
the papers are not on the way to the NVC because they are in the U.S. and were here when the i-130 was filed. 2nd, the priority date is not current so she and her dad cannot do anything until it does become current.
Did you contact USPS like I said regarding the tracking number?
The 245i approval rate for family based cases is actually not that low as long as you can prove physical presence and that you are actually 245i.
abercrombie- did you check the nsc tracking number on USCIS.gov. I can't check processing times on the new website- so weird. For I-130s for sibling of USC, it only will show me Vermont and California.
The "good" news is that because it's not current, an approval doesn't do anyone any good as of yet. If you can't get anything off the website, I'd call the Customer Service Number and they'll tell you whether hte petition is outside of processing times or not.
I see, well, I am hoping they accept that it was postmarked on the 30th, i mean they received it on May 2nd, so it would seem logical so. Our lawyer says, in case they don't, the only choice we have is to come up with a affidavit statement stating that the sender indeed mailed it out on April 30th, 2001. I called the post office and they said they only keep tracking numbers in their database upto 2 years. so thats a no go.
No one seems to know what happened to the FOIA, i just have a letter from my previous lawyer(the one who filed the FOIA) stating that we are eligible for the 245i. It's not so reassuring..
That was my previous post, I did alittle more snooping and found this
quote:
INS Memo on 245(i) Postmarks, Filing Procedures, and Fees
April 30,2001
U.S. Department of Justice Immigration and Naturalization Service 425 I Street NW Washington, DC 20536
MEMORANDUM FOR
ALL REGIONAL DIRECTORS ALL SERVICE CENTER DIRECTORS ALL DISTRICT DIRECTORS ALL OFFICERS IN CHARGE
FROM:
William R. Yates Deputy Executive Associate Commissioner Office of Field Operations Immigration Services Division
SUBJECT: Field Guidance regarding eligibility for Section 245(i) under the Legal Immigration Family Equity Act
On March 26, 2001, an interim rule was published in Federal Register (66 FR 16383) to amend the regulations at 8 CFR 245.10 establishing eligibility for adjustment of status under Section 245(i) of the Immigration and Nationality Act (INA). This memorandum supplements the January 26, 2001 and April 6, 2001 memoranda. This memorandum primarily discusses issues concerning eligibility for Section 245(i) as it relates to the postmark issue. All offices are reminded that only a visa petition or labor certification can provide eligibility for Section 245(i) of the INA.
Applications filed under the "old" Section 245(i) priority date (on or before January 14, 1998) are not subject to postmark issues. In addition, applications for adjustment of status with an approved petition do not have postmark issues and may be filed at any time, provided a visa number is available and other eligibility criteria are met. I. Timely Filing Determined by Postmark:
The Legal Immigration Family Equity Act (LIFE Act) sets an April 30, 2001 deadline for receipt of visa petitions and labor certification applications when an applicant requests consideration under Section 245(i). Any immigrant visa petition physically received by the INS on or before April 30, 2001 is timely filed. However the March 26, 2001 interim rule contains a significant addition. Immigrant visa petitions postmarked on or before April 30, 2001 will also be deemed timely filed and thus qualified for eligibility under Section 245(i). The postmark date is not, in and of itself, a priority date. A priority date can only be accorded after an immigrant visa petition has been reviewed according to Service policy.
For the purposes of the implementation of Section 245(i) of the INA, as amended by the LIFE Act, the term "postmark" means a stamp or other mark of cancellation placed on an envelope or package by the United States Postal Service (USPS). Field Offices and Service Centers must retain evidence of the mailing date as part of the record of proceeding for all immigrant visa petitions and applications for adjustment of status received between May 1, 2001 and May 3, 2001, inclusive. For these applications and petitions, the original or a copy of the postmarked envelope, private mail service invoice or metered mail envelope shall be included in the record of proceeding of each application or petition submitted in that envelope. A. Postmarked mail: All applications and petitions postmarked by the USPS that bear a postmark date on or before April 30, 2001, regardless of the date of receipt, shall be considered filed on the date indicated on the postmark for the purposes of Section 245(i) eligibility. Any petition meeting this criteria received on or after May 1, 2001 should be stamped with the "Filed Prior to 245(i) Sunset" stamp.
B. Illegible Postmarks and Missing Postmarks:
An application or petition mailed to the Service in an envelope with an illegible or missing postmark is to be considered postmarked on the sunset date, providing it is physically received by the Service:
(1) on or before April 30, 2001, or
(2) during that same period of time as the Service continues to receive material that was postmarked by the USPS by April 30, 2001. In most cases the Service anticipates that period of time will occur within three days of the sunset date.
This means, for the purpose of establishing a consistent and practical policy in determining eligibility for Section 245(i), only, the Service has decided that an application or petition received by mail after April 30, 2001 without a postmark or bearing an illegible postmark, shall be considered timely filed if physically received by the Service by the close of business May 3, 2001. Those petitions that meet this criteria, should be stamped with the "Filed Prior to 245(i) Sunset" stamp.
so im assuming they retained the envelope we sent the petition in, since its they received it on May 2nd, and the "cut off receivables date was May 3rd", i think its starting to look better.
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