Form I-539

[Kumar555]

Question for you good guys:

I am a Lawful permanent resident. have file I-130 for my son before Dec.21, 2001 over 18 years of age and student at college.
Question # 1. Can I file form I-539, since it
is over three years now.
When the life act was signed at that time I try to file I-485 for him, but it was returned by uscis for lack of approval of I-130.

How can I get him to stay in US legally.
Appreciate your response.

[Kumar555]

Question for you good guys:

I am a Lawful permanent resident. have file I-130 for my son before Dec.21, 2001 over 18 years of age and student at college.
Question # 1. Can I file form I-539, since it
is over three years now.
When the life act was signed at that time I try to file I-485 for him, but it was returned by uscis for lack of approval of I-130.

How can I get him to stay in US legally.
Appreciate your response.

[Kumar555]

Another question. can he file for employment authorization or I can I do for him as legal resident.

[Kumar555]

Well let me put it this way.
How a student can stay in US legally, and what forms he will file.
I hope some one can answer?

[Nthpole]

HOW LONG HAVE YOU BEING A PERMANENET RESIDENT? All is staying in the United states is tied to you and how soon u will become a citizen, that way he gains automatic status.

If you decide tokeep him in school you will have to keep paying fees and maintain F1 visa. Good luck

[Kumar555]

Thank you, Nthpole I have already file my N-400 and fingerprinted on sept. 12, 05, awating for name check clearance.

[Nthpole]

you are on the right track. You now need to be asking questions on how a citizen can file for children.

[Kumar555]

Recently I wrote to NVC to findout about the case, to my surprize they don't have any record of the petitions.
Then I wrote to the TSC where I file these I-130 so far no response to my letter which I have sent returned receipt and have received the receipt that they have received my letter.
Next week I will write to Director, and will send the copy to Commissioner and one more department where you can complain about this type of cases.
I am wating for approval yet and on web site it say still waiting time is 500-550 days.
What I think USCIS nad DOS are now working closely and are in contact so they know which to approve now or when.
What do you think about this.

[sup]

" ... Next week I will write to Director, and will send the copy to Commissioner and one more department where you can complain about this type of cases ... "

What's there to complain about?! You're no a USC. Your son must maintain his own legal status in the U.S. - nothing you, as an LPR, can do about it. Do you really think that "Director", "Commissioner" or "department where you can complain" give a flying f.uck about your son's immigration status?!

Cheers.

[Kumar555]

sup, I am not sure what is your status in US. But I know my right as an LPR. What I can do and not.
I also know many loophole of the Immigration laws as well. The way you write it shows about your character, mental/ moral illness qualities.
My son has Bsc, now final year of MS, and plan to do his Phd, he was already offered a job by one of the University.
The language you use it shows were you come from.

[sup]

First, the only right when it comes to immigration as an LPR you have is to file an alien relative petition form I-130. Period. Knowing "many loophole of the Immigration laws" won't do a thing. Until you become a USC your son will have to wait in line for a visa number like everyone else, complain all you want.

Second, if your son is as smart as you say he can petition for himself without you - H1B, NIW, EB1, etc.

Third, my "status in US", "character, mental/ moral illness qualities" have no relevance to the issue. The language I used sure did get the point across. "were I come from" is for sure a better place then the third world hole of yours.

Cheers.

[ImmortalE]

Mahatma Gandhi was a Great Man

----------------------------------------------

Kumar,

A) Where and in what legal status have your son resided since 2001?

If in US and legally (depends on status of petition, whether you filed it on his behalf before his legal status expired and other factors), then worry not.
Simply find out what the status of petition you filed on his behalf is.
I assume you have some records, such as receipt number, some evidence to present to USCIS to check the whereabouts of petition.


B) When you become USC, you may file for adult unmarried child.

C) Consult an IMMIGRATION Attorney.


Good luck!

[Kumar555]

A) My son is in the legel status as F-1, he is in deen's list for the last 6 years.
Petition file in 2000, yet pending, when check with NVC they have no records.
USCIS Web page shows still need 500 to 550 days to process this petition.
I do have all records copy of I-130, check cashed, and NOA.
I did write to Service Ceneter, no response yet.

B) Passed the test and interview, the waiting time line is about 15 months at DO.
I can file for him as soon as I become a USC.
It is 2years waiting for unmarried son/daughters of USC.
I plan to file for AOS.
Hope you under stand my concern.

Mahatma Gandhi was a geat Man. Yes
That's why we all Indian call's his "Bapu"

[ImmortalE]

My understanding is that I-130 you filed for your son got "stuck" and you wish to file I-130 as USC once you get your Citizenship.

But do you know what is the priority date for I-130 filed by parents of a child who is under 21?
It is March, 01,2001 as of November,18th 2005 update on USCIS website.
And it shows TSC as processing center.

Now he is over 21, so if you file I-130 as USC parent of unmarried child over 21, you will have to wait years before it is processed and approved, because priority date there is May,07,2001.

If he did qualify under CPA as a minor child of USC, then priority date would be May, 2005 as of today, and who knows what 15 months from now.

Anyway, it seems like he is sooner to get I-130 filed in 2001 approved, than anything else you may try.
Perhaps, before you get your Citizenship he will be holding a GC.

Wish you good luck!

[Kumar555]

Thank you ImmortalE, I file the complaint with the commissioner and recived response that they are looking into this matter to findout why it was delayed. The uscis said in this letter if they are unable to find our file the NOA will take care of this matter.
Once again I thank you for your support and assistance.