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  • Question about U.S Residency

    Hi everyone.
    Does anyone know how long it's taking the vermont service center to process residency applications of children under 21 of permanent residents? - I mean the REAL processing time, not the one published on their website.
    I've had the application for my daughter pending for 4 years now, and they haven't made any decision on it. I mistakenly filed another application (I-130) again 2 years ago for my daughter. They haven't made a decision on either. Is it necessary for me to withdraw the second application? I'm also worried on why they didn't make any decison on the application I filed 4 years ago. I don't want to end up withdrawing the second application and losing on both ends (if u know what I mean.)
    I'll appreciate any advice from anyone. Thanks.

  • #2
    Hi everyone.
    Does anyone know how long it's taking the vermont service center to process residency applications of children under 21 of permanent residents? - I mean the REAL processing time, not the one published on their website.
    I've had the application for my daughter pending for 4 years now, and they haven't made any decision on it. I mistakenly filed another application (I-130) again 2 years ago for my daughter. They haven't made a decision on either. Is it necessary for me to withdraw the second application? I'm also worried on why they didn't make any decison on the application I filed 4 years ago. I don't want to end up withdrawing the second application and losing on both ends (if u know what I mean.)
    I'll appreciate any advice from anyone. Thanks.

    Comment


    • #3
      It is really sad but is true it takes about 4 - 5 years for LPR to bring their family here which includes children under 21 years of age.
      You need not withdraw the second application you sent. You have receipt notice of your first application, you can check its status online at www.immigration.gov
      You should be eligible for your Naturalization also by now, so you should apply for that. When you will be a USC then you can send a copy of your Naturalization certificate and request them to upgrade your application. If you are not eligible for Citizenship then you must wait and apply as soon as you become eligible.
      Good luck.
      Good luck.

      Comment


      • #4
        Thanks for your advice, but I heard somewhere (on this site) that once you file the same application twice, I.n.s times-out on the first application and starts processing the second application (therefore the beneficiary risks losing the priority date of the first application.)

        The main reason why I've not withdrawn the second application is because I'm worried that I made a mistake on the first. I actually filled the first I-130 by myself. Does anyone know under what circumstances the I.N.S can deny an I-130 Application? I think I didn't notarise the photocopy of my green card the time I sent it with the first I-130 application. Could the I.N.S deny a case because of this? And if yes, is there an appeal possible to correct this? I'm really considering withdrawing the second application, because I don't want my daughter to lose her first priority date (she has being waiting for 4 years.) But I wanna make sure I don't end up losing the first application too (due to mistakes I might have made while filling it,) so I would really appreciate it if anyone can tell me under what circumstances the I.N.S can deny an I-130 Apllication. Thank you.

        Comment


        • #5
          To Bob:
          Immigration will not deny I-130 because of that reason only. If there would have been problem with the papers, they would have asked you for clarification or further documentation. Before you decided to withdraw your second I-130, you must check status of prior I-130 online.
          Good luck.

          Comment


          • #6
            Hi Bob, I've seen a similar case like yours. A GC father first filed I-130 for his son in 11/98. Until now he's got only a receipt, no approval yet. While the GC mother filed her own I-130 for the same son, and amazingly her I-130 approved and got a priority date of 07/99.

            I strongly believed that the former INS did notice the two duplicate petitions for the same beneficiary (altho different petitioners) and they approved the later petition rather than the first one. It's fine with the parents coz the second priority is current now in the visa bulletin. Any retro effect would hurt them a little bit but not much so they aren't fussy with it except that they fear that if anything goes wrong with the first I-130, there is no second I-130 to save their son. US immigration is all about family reunification (or separation ) , isn't it ?

            Umesh, how would you explain this ?

            Comment


            • #7
              Thanks for responding, Rob. But can you please tell me when the mother received the approval notice for her son in the mail? And how old is her son now? (I filed the first application for my daughter around that time too.)

              Like I've said before: I did hear that if u file 2 applications, the I.N.S inteprets it to mean that you're replacing the first application by the second one. And it seems that is what happened in that case (u talked about). Maybe at the time they (the I.N.S) were getting ready to approve the application, the father filed in 1998, the mother sent in another application in 1999. Thus, I.N.S considered it a replacement and the child lost the 1998 application with the priority date.

              It'S very unfair. I'll like people with similar experiences to also post in. Thanks.

              Comment


              • #8
                Unmarried children under 21 of people to become permanent residents would have accompanied their parent in the first place, why would have they to be petitioned separately afterwards???

                Comment


                • #9
                  To Bob (a kind person who's in the same sad situation) and <> (who don't truly understand the plights of immigrants),

                  That's becoz the son was WELL over 21 when their parents' GC were approved !!! That made the son wait and wait for all these years !!! THAT IS WHY they had to file petitions for their son !!!!! And the parents are getting older and older !!!!! And that is why US immigration law is about family separation !!!!!! DUH !!!

                  Ok, now to Bob, the mother's I-130 was approved and the approval was received relatively fast, altho I honestly don't know when but I can say it was relatively fast. Her son, now living outside US, is like 25 or 26 years old. Both parents are about to become USC hence the mother's petition will be upgraded to F1A and hence the priority date will be current unless DOS commands a HUGE retro in F1A category.

                  I do have the sympathy to this family that they were treated unfairly. And I do extend the same sympathy to you and your beloved family for we all are suffered by the same stupid immigration laws.

                  Comment


                  • #10
                    They did it in California Service Center and different centers behave differently. What a mess.

                    Comment


                    • #11
                      <> SAID: Unmarried children under 21 of people to become permanent residents would have accompanied their parent in the first place, why would have they to be petitioned separately afterwards???


                      THANKS FOR YOUR SYMPATHY, ROB. I REALLY DO APPRECIATE IT.

                      Now to <>: I actually got my green card under the parent of a U.S citizen category. And I did enlist my daughter as a minor unmarried child accompnanying me to the U.S, but the I.N.S denied her entry. (Mind you, she was only 17 years old then, and unmarried.)

                      The I.N.S claims that people who receive green cards under the immediate relative of a U.S citizen category (like I did) cannot bring any other children (no matter how young, even if the child is just 6 months old) with them! My daughter was denied the chance to accompany me, because of this.

                      But surprisingly, another category of people that get their green cards under the immediate relative classification are allowed to bring their minor children with them - Spouses of U.S.C are entitled to bring children under 21 (even of previous marriages) to the U.S.

                      Sometimes I wonder why they discriminate against children whose parents got their green cardS under the parent of a U.S.C classification. It makes no sense, whatsoever. And why choose to punish a child at such a tender age? Whereas, all other children (under 21) of other green card holders are allowed to accompany their parents.

                      Another example is the CSPA, which is not allowed to cover the v-visa for children. Despite the fact that the CSPA was supposed to have an effect on the I-130 APPLICATION and it's benefits. My daughter would have benefited from the V visa, but she turned 21 just 2 months before she could apply. And now, the CSPA wouldn't even protect her and she would lose that benefit, just like before.

                      It's the non-uniformity of the immigration laws that cause havoc. And the victims of these policies (the immigrants) are then potrayed as evil, undocumented, etc, while the causative factor (non- uniform immigration laws) is left untreated. No other country in the world acts like this or denies children benefits that rightly belongs to them. Every child has the right to live with his/her parents, at least till the age of 18 (provided the parents are not harming him/her.) Even criminals are sometimes treated better than immigrants. It makes no sense punishing a child and the parent by seperating them on purpose while they've done nothing wrong.

                      I was listening to the news recently, and I heard the story of a 12 year old boy from Ghana who accompanied his mother here 4 years ago under the lottery green card program. Today, he has become a very good soccer player and there are indication he would be the world's next PELE (The Brasilian soccer star) He plans to play for the U.S at the next world cup. (This is just one way in which the immigrant makes significant contribution to this country) Who knows how many future great scientists, sport stars, researchers etc the I.N.S had intentionally cut off from their parents? Insurance companies can't legally practise this kind of discrimination nor employers nor other establishments but when it comes to the I.N.S, it's acceptable!

                      I guess it's just a continuation of intimidation. At first were the Blacks - they could not vote neither could they sit in front of the bus, but they've managed to set themselves free. Now, the next group is the IMMIGRANT. The fact is, children of immigrants (in most cases) are not treated as children or even human beings. But unlike the blacks and Martin Lutherking, is there anyone to plead the cause of these children?

                      Comment


                      • #12
                        I really feel for you, Bob. According to your story, one of your children is already a USC so that lifted a very huge weight out of your shoulders. Now it's the I-130 application, whose fate is unknown, for your daughter. There are many choices you can do right now:

                        1) Constantly contact BCIS and make inquiry about your case. Hire a lawyer, if you want to, to help you follow up and close the case. The priority date is vitally important here. Whichever I-130 get approval, protect it as if it's your life (I'm sure you'll do).

                        2) Wait until you become a citizen then petition for your daughter. I know it takes forever this way but plz don't give up all hopes just yet.

                        3) Is your daughter eligible to apply DV green card lottery ? If yes, apply and let her luck decide.

                        And finally, Bob, may I suggest a "better" immigrantion board ? Plz check this out

                        http://members.lycos.co.uk/usimmigration/

                        There are more "human" moderators there to keep things tidy and peaceful. Most of the ILW.COM veterans have already moved to the new board. You are always welcome and hope to see you there.

                        ^_^

                        Comment


                        • #13
                          Secretary of US Department of States Gen. Colin Powell (Jamaican American) for his parents were off the boat from Jamaica.

                          Secretary of US Department of Labor honorable Elaine L. Chao. (Chinese American)

                          Gary Locke, the governer of the Washington State, is a Chinese American.

                          Tiger Woods. (Thai American) His mom is a Thai married to a USC.

                          Michelle Kwan (Chinese American), US and the world's no 1 ice skate figure.

                          Andre Aggazi, former world no 1, is an Iranian American.

                          The once world no 3 holder, Michael Chang,is a Taiwanese American.

                          etc...

                          so don't be hopeless just yet, fellows...

                          ^_^

                          Comment


                          • #14
                            Former Secretary of US Department of States honorable Madeline Albright.

                            Arnold Schwarzenegger. He'll be back ! Wa ha ha

                            Monica Seles. You know her, right ?

                            Jacky Chan. The master of the masters. :>

                            ^_^

                            Comment


                            • #15
                              AFTER MAYFLOWER SHIP CAME TO USA WITH LOAD OF IMMIGRANT ALL ARE FAMOUS AND INCLUDED IN
                              A list of famous immigrant children...
                              THIS IS MY COUNTRY AND ALL ARE IMMIGRANT MIND WELL
                              OK
                              SO DONT MAKEM NOISE AND STAY PEACEFULLY OK
                              Red Indian

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