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  • Family Based Petition

    My parents got a letter from US Department of State National Visa Center, saying that can apply for adjustment of status. It says they are eligible if the petition was filed before April 30, 2001. Their priority date was Dec. 4, 2000. The letter is asking if they will be applying from US or India. Since they are in the US, they will be applying from the US. What is the next step after this? We have 30days to respond with if we want to pursue this adjustment, so what happens after that? Anyone with experience in this, can you please post on what happens next.

    One of the paragraph reads as following:

    YOU MAY APPLY TO THE US CITIZENSHIP AND IMMIGRATION SERVICES TO ADJUST TO IMMIGRANT STATUS, EVEN IF YOU HAVE BEEN IN THE US ILLEGALLY OR OUT OF STATUS. You should first call the Department of State at ***-***-***x to determine whether a visa number is available in your peference category. Once a number is available, apply at your local CIS office to adjust to immigrant status. CIS will require a copy of your Notification of Immigrant Visa Approval, an application fee and a processing fee.

    So do they still need to wait until the priority dates on the US Department of State website become current, or are they ok to apply now. Any info would be great. Thanks in advance.

  • #2
    My parents got a letter from US Department of State National Visa Center, saying that can apply for adjustment of status. It says they are eligible if the petition was filed before April 30, 2001. Their priority date was Dec. 4, 2000. The letter is asking if they will be applying from US or India. Since they are in the US, they will be applying from the US. What is the next step after this? We have 30days to respond with if we want to pursue this adjustment, so what happens after that? Anyone with experience in this, can you please post on what happens next.

    One of the paragraph reads as following:

    YOU MAY APPLY TO THE US CITIZENSHIP AND IMMIGRATION SERVICES TO ADJUST TO IMMIGRANT STATUS, EVEN IF YOU HAVE BEEN IN THE US ILLEGALLY OR OUT OF STATUS. You should first call the Department of State at ***-***-***x to determine whether a visa number is available in your peference category. Once a number is available, apply at your local CIS office to adjust to immigrant status. CIS will require a copy of your Notification of Immigrant Visa Approval, an application fee and a processing fee.

    So do they still need to wait until the priority dates on the US Department of State website become current, or are they ok to apply now. Any info would be great. Thanks in advance.

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    • #3
      Thanks for the response. I do plan on following the process indicated in the letter, but i am just curious as to what it all mean. whats the timeline? it is something to get really excited about or do we still have a long time to go? Our priority date on the visa bulliten is about 3 months away, so what does all this mean? Again, thanks.

      Comment


      • #4
        1. your parents need to inform USCIS if they will go through adjustment of status or apply for visa in home country
        2. once PD is current, they can apply for adjustment of status if they are eligible

        If you parents are out of status now, they may be eligible to apply for adjustment of status under 245(i) since I-130 was filed before April 2001 deadline. However, to use 245(i), there are other requirements as well, so triple check if they are eligible!

        If they can use 245(i), adjustment of status requires different forms then "regular" AOS, and a fine has to be paid.

        Anyway, I don't know what you are confused about. All is stated in the letter...

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        • #5
          thanks aneri. we plan on applying from the US since my parents are already here. I guess if you read my post it ask specific question that i am curious about. i guess i am just asking for a peace of mind to the fact that this might work for them. what other things do they need to meet to be eligible for 245(i). their priority date is dec 2000.

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          • #6
            here you go

            http://www.uscis.gov/portal/si...CM10000045f3d6a1____

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            • #7
              More wetbacks who violate our laws. Curses on you for your evil.

              Comment


              • #8
                antivirus: Before this mail, you also have some questions during 2005/06,and 07 as far as my knowledge go's.
                Any way: since your parents Petition I-130 was filed in Dec. 2000, there PD is current.
                If you are near the Immigration Office go and collect all the forms USCIS had a complete sets of Forms pick up two sets for your parents and complete and Mail under Certified Registered mail to your Dist. Office. at the time of interview they will have to pay $1000.00 each as fine
                You can also check the forms at USCIS web page...
                In 2007 I have done this kind of case for my friend..
                Wish you best of luck...

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                • #9
                  hello Kumar, i have asked question for my parents in the past. this time i am asking because i received a letter. if you read my post it states what the letter is about. can you tell me what happens next? i have a lawyer who will be working on this, but i want to go in talking to him knowing what to expect and if its something different i want to ask the correct questions. also, will my sister be able to adjust as well? she is 23, un-married and under 18 when my parent's date was prioritized.

                  also, the letter we need to send back says that we will be processing our file from the US since my parents are here already. what happens after they get the letter? thanks in advance.

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                  • #10
                    antivirus: I hope both of them have I-90 attached to there passports...
                    I-485 and I-485 A which is a supplement...one sheet form (Some time they keep changing)
                    The best way to do this is to contact the NVC Or USCIS one of them do have an Officer who can give you the current, information and form Numbers. talk to him/her that was my first step when I have done for my friend.
                    It is better to Adjust the Status in US they do not need to travel outside of US.

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