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Thread: spouse turned citizen, how do I proceed plz help

  1. #1
    Hi all,

    This is where I stand and I was hoping one of you could help.
    I filed an application for political asylum in 1997, it was denied, later on I filed a motion to reopen which was also denied. I am now in an appeal process for the motion to reopen.
    In the meantime, in sept. 2001 my wife filed an I130. In april my wife turned a USC and I submitted a upgrade request for the I130. 2years have already expired since the application of the I130 so I am told that once the petition has been upgraded from a Permanent Resident to a USC the BCIS should take the petition into consideration right away. I am hoping to get an approval from the I130 before my appeal for the motion to reopen is taken into consideration.
    I was wondering if and what else can I file, such as Green Card application, etc. Also, is it possible to file a new I130, and if so Will that give me any priority compared to the one already pending. Do you know how long this upgrade usually takes?
    Any input would be very much appreciated.

    Thanks in advace

    Elton

  2. #2
    Hi all,

    This is where I stand and I was hoping one of you could help.
    I filed an application for political asylum in 1997, it was denied, later on I filed a motion to reopen which was also denied. I am now in an appeal process for the motion to reopen.
    In the meantime, in sept. 2001 my wife filed an I130. In april my wife turned a USC and I submitted a upgrade request for the I130. 2years have already expired since the application of the I130 so I am told that once the petition has been upgraded from a Permanent Resident to a USC the BCIS should take the petition into consideration right away. I am hoping to get an approval from the I130 before my appeal for the motion to reopen is taken into consideration.
    I was wondering if and what else can I file, such as Green Card application, etc. Also, is it possible to file a new I130, and if so Will that give me any priority compared to the one already pending. Do you know how long this upgrade usually takes?
    Any input would be very much appreciated.

    Thanks in advace

    Elton

  3. #3
    Senior Member
    Join Date
    Oct 2003
    Location
    Raleigh, NC
    Posts
    289
    They will put the petition in *line* to be processed right away, you will still need to wait for the processing time (6 months-2 years depending on the service center). However, assuming it was filed with 485 (before 245(i) expired, right?), you can get a work permit pretty quickly. If you have been out-of-status, you will not be able to file a new 130 now, because 245(i) has expired.

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