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  • 245i

    My i-130 petition was submitted after april 30th 2001, I recieved an approval notice on May 5, 2006. My mother was a LPR at the time she has now become a Us Citizen. Will i still be able to ajust my status because my petition was approved and my mother is now a USC? can anyone out there give me advise on this.

  • #2
    My i-130 petition was submitted after april 30th 2001, I recieved an approval notice on May 5, 2006. My mother was a LPR at the time she has now become a Us Citizen. Will i still be able to ajust my status because my petition was approved and my mother is now a USC? can anyone out there give me advise on this.

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    • #3
      <---Not an attorney, but I would think that your application status would be improved now that your mother is a US citizen...

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      • #4
        are you in the USA and what's your status?
        How old are you?

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        • #5
          Yes, I am in the US, I am a citizen, born here. In the eyes of immigration law, from my experience, US citizens carry a litle more weight than LPR's. So, like i mentioned, I think you may be in a better position now. Let them know that your mom is now a US citizen, I would think it would be more favorable for you.

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          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by NeedHelpFast:
            Yes, I am in the US, I am a citizen, born here. </div></BLOCKQUOTE>
            That was a question for Alidia
            Since she mentioned 245i, I suspect she may not be in legal status in the USA... under some circumstences, not even parent's US citizenship helps.
            But let's hear the facts first.

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            • #7
              Alidia: I assume that you're in America already, and that you're also in illegal status. If your I-130 was submitted after April 30, 2001, then I doubt that you're 245-i eligible.

              How old are you? Did you enter America legally, and in what status? This information will assist in assessing your situation.

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              • #8
                Yes! i over stayed my visa since August 5 2001, and i am 28 years of age. does age matter in regards to ajusting my status under 245-i? why would thay approve my i130 application knowing that i filed after April 30th 2001.

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                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Alidia:
                  Yes! i over stayed my visa since August 5 2001, and i am 28 years of age. does age matter in regards to ajusting my status under 245-i? why would thay approve my i130 application knowing that i filed after April 30th 2001. </div></BLOCKQUOTE>
                  Approval of I-130 means USCIS is satisfied that your mother was permanent resident at the time she applyed for you, and that you are indeed her daughter whom she can, according to the law, sponsor.
                  Now the second part, adjustment of status or getting an immigrant visa at the consulate, is going to be about you. Are you eligible to adjust status in the USA, your medical condition, criminal records etc. Approval of I-130 does not gurantee green card or immigration visa.

                  The age wouldn't matter if you were able to use 245i. From the information you gave us, I don't see how would you be able to adjust your status under 245i UNLESS somebody else, as well, had filed I-130 on your behalf before April 31, 2001.

                  As a daughter of USC, to adjust status in the USA, you have to be in legal status (unexpired I-94, tourist, student ...). If you were regarded as a child of USCIS ( you were under 21 when your mother became US citizen), you could adjust status in the USA regardless of your current status (overstay) as immediate relative of USC. Can that be your case?

                  I-130 approved on your behalf means you can ask for an immigrant visa at the consulate in your home country when your priority date is current. But, as you may know, the moment you leave the USA you'll have 10 year ban on return due to overstay.

                  That's how I see it...

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                  • #10
                    Thank you for your response, but when my priority date becomes current will i have to go through the process and be called in for a interview then given a letter of deportation?

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                    • #11
                      what does the I-130 letter say? Will the file be forward to the consulate abroad or USCIS thinks you'll adjust status here?

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                      • #12
                        The letter stated thay i may be able the ajust my status here in the US or in my country. This is why i am so confused because my file was submitted on after April 30th 2001 and yet my approval letter stated that i have the choice of ajusting my atatus here.Can you explain why!

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                        • #13
                          My file was forwarded to the Vemont Center over a year now. My priority date is September 7 2001.

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                          • #14
                            Alidia: You're not eligible for 245i. Given that you're illegally in the United States, you're not eligible to adjust your status here, and MUST return for consular processing in your country of origin.

                            Once you leave America, you will automatically be subject to a ten-year bar against reentry, and the consulate will deny your application for an immigrant visa.

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