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  • I-130 need help.

    Do preference categories have the same rights as immidiate categories when Visa becomes available in visa bulletin in State Department?
    The situation is that i filed 1-130 petition for my unmarried child over 21( 1st pr category) on June 2000 and now visa is available for this category(Sep 2000)but the problem is that INS is far behind and has not approved my !-130 petition and are not going to do so in nearest future. they are now on 1999.It has never been like this before State Department with vis abulleten was always behind INS. So people used to wait for years for visa bulleten to become corrent after their I- 130 had been approved. Now when the situation is vise versa my Question is can we file AOS now (child is legally here), advanced parole, and EAD as immidiate category do(without waitin for I-130 to be approved) since they do't have to wait for Visa from Department of state. Do you understand my point. I searche but could not find the answer probably because the situatuin never been like this and Department of State was always behind INS not vise versa.
    Please, I need your help. Do you have any information. Or a very detailed website. thank you

  • #2
    Do preference categories have the same rights as immidiate categories when Visa becomes available in visa bulletin in State Department?
    The situation is that i filed 1-130 petition for my unmarried child over 21( 1st pr category) on June 2000 and now visa is available for this category(Sep 2000)but the problem is that INS is far behind and has not approved my !-130 petition and are not going to do so in nearest future. they are now on 1999.It has never been like this before State Department with vis abulleten was always behind INS. So people used to wait for years for visa bulleten to become corrent after their I- 130 had been approved. Now when the situation is vise versa my Question is can we file AOS now (child is legally here), advanced parole, and EAD as immidiate category do(without waitin for I-130 to be approved) since they do't have to wait for Visa from Department of state. Do you understand my point. I searche but could not find the answer probably because the situatuin never been like this and Department of State was always behind INS not vise versa.
    Please, I need your help. Do you have any information. Or a very detailed website. thank you

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    • #3
      Does anyone know the answer or good reference site?

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      • #4
        i think its called retrogression. i found a little on it by doing a google search..

        In a recent State Department release the Department noted that during the past several years, cut-off dates have progressively moved forward due to lack of demand by the INS for adjustment of status cases. However, in recent months the INS has been force to demand increasing numbers of visas in all categories. The State Department went on to warn that if demand continues at the current rate it may be necessary to retrogress the cut-off dates in several family-sponsored preference categories. Most likely this backdating would occur in the worldwide first and second preference cut-off dates.

        If you have an approved preference petition and are waiting for your priority date to come current we encourage you to find out how retrogression might impact you and what might be done to expedite your case.

        http://www.rreeves.com/pub_230.htm

        enter your terms into a search engine...

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        • #5
          Thank you Julie for your advise but the point is that I- 130 is nit approved. I found eligibility criteria for AOS. It says:
          1.alien should be admissible and eligible for an immigrant visa
          2. an immigrant visa should be immidiately

          available
          In my case visa is available (the date is current at visa bulletin). Now I am trying to find the elegibily criteria for an immigrant visa for preferece category. I want to find if it says wheather I130 sholud be approved?

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          • #6
            As far as I understand I-130 HAS to be approved first because I-485 eligibility/approval is based on approved I-130. So, if you file I-485 now it's most likely will be denied.

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            • #7
              But immidiate categ-wives, children under 21 don't need 1-130 approval in order to get work permit, AOS since an immigrant visa is immidiately available for them. So for my 1st pref categ visa is also available.

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              • #8
                I am still waiting for my interview. They do not send me interview letter yet.
                But two days ago I had big fight with my wife.
                She wanted to spend $300 on dress and I refused to pay for it.
                So, now I worry.
                What if she mess up everything before interview?
                She say she will report that I bought my degree for 100 rupees in Bangladesh.
                This is not true and I don't know where Bangladesh is, but what if someone beleive her?
                You know, some people are crazy, they beleive anything.
                All these years I wait for interview and now this ****

                Please, if anyone has similar experience, let me know.
                Patti sent papers almost same time with me and already got interview and approval.
                And many other people I helped to file for , they all passed interviews and all.
                I am still waiting.
                And my wife already say she never wanted to marry me and only did a favor to me so I can get a Green Card.
                She say she thought I am a doctor, so could make good money and buy her everything she wants.
                Now she doesn't need me anymore.

                Please, if anyone has similar experience, tell me what should I do?
                Should I wait for interview?
                Or should I start divorce now?


                Thank you!

                **** ON ME

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