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1-130 please help!!!!!!!!!

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  • 1-130 please help!!!!!!!!!

    I am a USC and file I-130 petition for my unmarried son over 21.Now the visa is current in the Department of State visa Bulleten but we did not hear anything from BCIS, so I-130 was not approved yet even all processing dates have passed(more then 1000 days) What can we do at this point? Can we file now,when visa is available, AOS without 130approved
    as for immidiate relatives who don't need to wait for a visa to become corrent? Please need your advise.

  • #2
    I am a USC and file I-130 petition for my unmarried son over 21.Now the visa is current in the Department of State visa Bulleten but we did not hear anything from BCIS, so I-130 was not approved yet even all processing dates have passed(more then 1000 days) What can we do at this point? Can we file now,when visa is available, AOS without 130approved
    as for immidiate relatives who don't need to wait for a visa to become corrent? Please need your advise.

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    • #3
      Only children under 21 of US citizens are exempt from the visa quota, and as your son is over 21 this will not apply to him.

      When did you apply for the i-130 and how long past the priority date have you waited. I would advise you to call the BCSIS to find out what the delay is or check you case status online as they may have extended the waiting times.

      You cannot file anything until you have received visa approval so you really need to find out what is causing the delay.

      Comment


      • #4
        Ilug, Kevin,
        This is also a question that i have.

        Take as an example, The Vermont service center is processing I-130 applications in F1 category filed 1/4/1999. In contrast, the priority date for F1 category for the State Department is 8/1/2000.

        One would have expected the State Department to be behind the USCIS in processing dates.

        So, does it mean that for the Vermont Service Center benificiaries of the F1 I-130 petition will have to wait more than 1 1/2 years after their priority date to have their I-130 ajudicated?

        References:
        USCIS Vermont Service Center - http://www.ilw.com/immigrants/govtti...o-vermont.shtm

        State Department - http://www.ilw.com/immigrants/govtti...te-family.shtm

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        • #5
          I understand that only unmarried children under 21 are excmpt from visa quata. But this is not the case anymore since visa is available according to visa billuten. That is why My question was if we can file AOS now as immidiate relatives do without waiting I -130 to be approved. We filed I-130 in July 2000 and and current processing time exceded 1000 days.

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