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Thread: Question about U.S Residency

  1. #1
    Guest
    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. #2
    Guest
    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.

  3. #3
    Guest
    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.

  4. #4
    Guest
    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.

  5. #5
    Guest
    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.

  6. #6
    Guest
    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 ?

  7. #7
    Guest
    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.

  8. #8
    Guest
    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???

  9. #9
    Guest
    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.

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

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