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Question concerning my Mother's situation.

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  • Question concerning my Mother's situation.

    Hi,

    My aunt filed a petition for my mother several years ago, it was approved and her priority date is finally coming up soon. My mother has been living in the US illegally, but we found out that since a visa petition was filed on her behalf before January 14, 1998 she qualifies to adjust her status under 245(i). Recently my mother received a letter from the National visa center, asking her to mail them a fee for form DS-230 (Application for Immigrant Visa and Alien Registration). Since she's already in the U.S. like I mentioned, should she just disregard this and wait for her priority date to come around, and then file for adjustment of status under 245(i)?

    I also wanted to ask you guys if this letter from the visa center asking for that fee for form DS-230, means that she can file for adjustment of status right now, even tho her priority date hasn't come around yet? By the way, does a person have to wait for their priority date to arrive before they can file an application, or can they file the application a few weeks before the priority date arrives? I'd really appreciate any help or advice you all can give me, thank you in advance, and take care.

  • #2
    Hi,

    My aunt filed a petition for my mother several years ago, it was approved and her priority date is finally coming up soon. My mother has been living in the US illegally, but we found out that since a visa petition was filed on her behalf before January 14, 1998 she qualifies to adjust her status under 245(i). Recently my mother received a letter from the National visa center, asking her to mail them a fee for form DS-230 (Application for Immigrant Visa and Alien Registration). Since she's already in the U.S. like I mentioned, should she just disregard this and wait for her priority date to come around, and then file for adjustment of status under 245(i)?

    I also wanted to ask you guys if this letter from the visa center asking for that fee for form DS-230, means that she can file for adjustment of status right now, even tho her priority date hasn't come around yet? By the way, does a person have to wait for their priority date to arrive before they can file an application, or can they file the application a few weeks before the priority date arrives? I'd really appreciate any help or advice you all can give me, thank you in advance, and take care.

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    • #3
      Just wanted to see if anyone had replied to my post. I'd really appreciate any advice you all can give me, what should my Mom do?

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      • #4
        According to the latest Visa Bullenting, the Department of State is ready to process those I-130 filed on or before 8JUL92 by an US citizen on behalf of their siblings. This priority date belongs to all nationals except those from India, Mexico and the Philippines. See attached link.
        http://travel.state.gov/visa_bulletin.html
        The package that the NVC sent you should include a sheet asking the beneficiary to respond if they will be filing for adjustment in the U.S. or abroad. Unless when the petition was filed your mother was outside the US and she entered the US after the petition was filed and never notified NVC or the Service Center. She CANNOT depart the U.S. or she will be subject to a 10 year bar.

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        • #5
          Thanks for your reply. My Mother was in the U.S. when the petition was filed on her behalf, but the package from the NVC didn't include a sheet asking the beneficiary to respond if they will be filing for adjustment in the U.S. or abroad. Should she just wait for her priority date to come around, then file for adjustment of status under 245(i), or she she file now for ajustment of status?

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          • #6
            What's her priority date?

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            • #7
              I believe her priority date is August of '93. I know they're not close to that date yet, but I'd really like to get as much information as I can before her priority date comes around.

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              • #8
                Do you think that my Mother should contact the NVC and let them know that she's already in the U.S. and would like to file for adjustment of status here? I don't know if that's a good idea or not, but I'd really appreciate some advice. Thanks.

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