i130, What factors are involved when deciding?

[Enoch]

Well, in maybe a year they're finally gonna review the i-130 my family applied for back in July 2001 (we have the Notice of action) and I was wondering what factors are invovled whether they approve it or not, because waiting 5+ years and seeing that u been rejected is gonna really really hurt.


Also, we moved so the address on the I-130 is different, so how do we change it to the current address.

Also, my brothers name is misspelled by one letter, how do we fix that?

My familys been living in the U.S for 14 years, and we filed I-130 through our aunt whos a U.S citizen, and right now I'm seventeen, turning eighteen in october..., if i turn eighteen before it gets approved, am i still eligible to file for the i-485 afterwards?, same case with my brother whos 4 years older. so if anyone can share their input that would be great.

[Enoch]

Well, in maybe a year they're finally gonna review the i-130 my family applied for back in July 2001 (we have the Notice of action) and I was wondering what factors are invovled whether they approve it or not, because waiting 5+ years and seeing that u been rejected is gonna really really hurt.


Also, we moved so the address on the I-130 is different, so how do we change it to the current address.

Also, my brothers name is misspelled by one letter, how do we fix that?

My familys been living in the U.S for 14 years, and we filed I-130 through our aunt whos a U.S citizen, and right now I'm seventeen, turning eighteen in october..., if i turn eighteen before it gets approved, am i still eligible to file for the i-485 afterwards?, same case with my brother whos 4 years older. so if anyone can share their input that would be great.

[aneri]

Hi Enoch,

in family based visas there are two approvals.
First, the I-130 has to be approved. Since your aunt filed for her brother/sister, I-130 will be approved if there is enough evidence that:
a) your aunt is US citizen (since only US citizens can file for siblings)
b) she is related to your mother/father, as a sister (birth certificates)

The approval of I-130 means: yes, person A is eligible to petion person B, because person A is either USC or PR, and is related to person B.

What does Notice of actions says? Is it approval for I-130? If yes, what's the date?

The second part is adjustment of status (AOS)(if one is in the US) or visa approval (if out of US). Now, they will look into the beneficiary of the I-130 petition; if person B is eligible to receive immigrant visa or adjust status. The reasons for denying AOS or visa, could be: medical, illegal presence in the US, criminal convictions, ageing out...

To answer your question about ageing out, one needs to know the date of I-130 approval. Your odds are good. (BTW, age limit is 21). I can tell you more about your brother's case when I'll know what the Notice of Action says.

Has your aunt received any correspondence from NVC lately?

Q. I assumed that your aunt petitioned for one of your parents. What is your parents current status in the US?

[aneri]

Enoch, I-130 is your aunt's petition. Is she still living at the same address?

[Antifascist1]

For details of CSPA and eligibility requirements I suggest that you consult professional Immigration Attorney - unless you want to waste 100+ hours reading and studying that complex Bill in details.

I wouldn't rely on advises given by amateurs on this website.

Regards,
IE

[Prof.]

Enoch

The advise given by Aneri is on point. Just for your info: When you go to the interview, then you need to bring all your paperwork which will be required. Also, once at the interview, provide the immigration officer with your new address, so that he can change it in their system, then replicating all your files in their system. In addition, bring to his attention your brother's incorrect name.

You should be fine. Please ignore the antifascist whenever you see his posting. He is a bigot and racists. This goes for someone12 as well. These people are in this forum because they ignorant and retarded.

[LieMaster]

Antifascist is fascist, racist, rapist, Hitler-Communist-Nazi-Terrorist schisophrenic maniac !!!!!!

[Enoch]

my family has been here for 14 years so were here right now on a expired b-2 visa, so my whole family is "undocumented".

what i have is a photocopy of the notice of action receipt that tells me the receipt #, case type (i130), received date, petitioner, notice date, beneficiary(my father), notice type (receipt notice), section(brother or sister of U.S citizen 203.


**BOTH my aunt's address and ours has changed, what should we do?


my brothers turning 22 in june, is he going to be affected?

also when this was filed, my mom's name is also on the application but she passed away, so what can i also do about that?

[aneri]

Enoch,

for the address change contact NVC, here are the details:
http://travel.state.gov/visa/immigra...ypes_1309.html

BUT, I think you may have a bigger problem that you have to look into:
- people in the US who do not have a valid status (overstayed visa, undocumented...) are ineligible for adjustment to permanent resident in the US (except a few categories, but your family is not in those categories).

My guess is that your aunt's I-130 will be approved, and your father will be informed that the family should go through the consular processing in your home contry when the visa number becomes available. Once your father and brother leave the US, they will be baned from returning for 10 years because of the overstay. You have legaly not overstayed as you are not 18 yet, but every day after your birthday in Oct. counts towards the overstay and ban.

See a lawyer to learn about the options your family may have.

[Enoch]

How long can i overstay after mybday before being banned?

If i dont return to my country, is there a possible way to be a PR?

On the application, we used a address in the U.S, both addresses my aunts and my fathers, so that was a mistake, should it have been an address from my country?


im gonna make an appointment with a immigration lawyer at the end of the week i guess.

Jesus Christ, this is really important to me because Im entering college soon and I worked two jobs just enough to save for my first 2 semesters, if i dont get PR then i cant apply for financial aid, and dangggg..

[aneri]

An overstay of less than 6 months (or 180 days, have to check for details) doesn't carry a ban, between 6 months and a year = 3 years, more than 1 year = 10 years.

I've heard that people receive a letter from NVC at their US address telling them that they are ineligible for AOS, and info how to proceed. So, I am not sure if they need an address in your home country at this point. You should make sure they have your and your aunt's current address.

A certain categories of aliens that overstayed and worked without the proper authorisation are allowed to adjust status in the US and become PR. They have to be petioned by US citizens as their spouses, children under 21 years of age or parents.

A new immigration bill from which your family may benefit, may or may not pass this year. It is a slim chance, but in your position, everything counts...

Good luck

[LieMaster]

We need no more dirtbags here !!!

[Enoch]

When we change our address, what should we say, since technically we werent supposed to be still in the U.S?


Also, if the I-130 passes, what should be the next step? Do i have to go back to my home country and have an interview to be a PR in the states? Or do I stay in the states and file the I-485?

[dragonlady]

You may want to check about the fact that your 1-130 was filed in 2001 - you are now in another process and people are being told that when they file - they can stay until a decision is made. Now that your 1-130 is approved, you are in the AOS process. You can apply for an EAD so why would you have to leave if you can work here?? This would not make sense. Since your sponser is a citizen you should not have to.

Don't panic - try to get a consult with an attorney (hopefully a smart one!) and you should be ok. There is a formula for the ageing out thing but your receipt date is what they go from - not approval date.

Be positive and don't give up hope.

[aneri]

Enoch; unless I am missing something, your family wasn't supposed to be in the US in 2001 either... You don't need to address that issue now: just send a copy of the I-130 receipt notice and new addresses. Your aunt can do it. That may also be the opportunity to inform the USCIS about the mistake in brother's name spelling and your mother's passing. Include some evidence to support that.

When I-130 is approved, your aunt and your father will receive a letter with the instructions. To the best of my understanding, and as I wrote before, your father cannot adjust status in the US. You and your brother are dependants of primary beneficiary (your father). Talk to a lawyer to find out if there is a possibility for you to adjust status – file I-485, without your father being able to AOS or apply for immigrant visa.

Dragonlady: filing of I-130 does NOT give an alien any kind of status. Immediate relatives of USC (not the case here!) can file I-130 AND I-485 together, and don't have to wait years for a visa number to become available to them. Once I-485 is filed, alien becomes "AOS applicant" and can file for employment authorization document EAD based on that I-485, not I-130.

As I read it here, I-130 hasn't been approved yet. NOA Enoch has, is only a receipt notice.

Ageing out issue: age at the receipt date of I-130 is only for the immediate relatives of the US citizens (their children who are under 21 at the time of filing). The other formula used is: age for the immigration purpose = age at the time visa number becomes available – how long I-130 was pending (approval date – filing date). But there are some conditions that have to be fulfilled for the beneficiary to be able to use this to "prevent ageing out", like filing for AOS or visa within a year of the date that visa number became available.

...and I simply don't see how Enoch's father would be able to apply for AOS or visa, and that would directly affect Enoch and his brother...

Enoch, give a lawyer the facts, and let him/her asses the situation. Hopefully he/she will address the issues mentioned here. If not, ask him/her about it.