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Petition I-130 Upgrade

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  • Depika
    replied
    Thank you idhungw;
    Since you already in the U.S you don't have to go through the state department or the American embassy in your country is this right you only go through your local office by submitting I-485 and you adjust your status inside the U.S?

    idhungw did you got approval letter from California service center?
    My other question is I overstayed my visa do I still qualify to adjust my status inside the U.S through my father or I must go home and apply at the American embassy which it will kick in the 10-3 years bar for overstaying my visa?

    Leave a comment:


  • idhungw
    replied
    Hi Depika,

    I was in the same situation as you. back in jan 2002, my mom was a greencard holder and filed for me (over 21 and unmarried and not from philipines nor mexico). my mom became a us citizen in late 2006. we went to our lawyer in early 2007 w/ the intent to upgrade her status w/ the uscis to upgrade me from category 2b to 1. the lawyer told us that the change in my mom's status was automatic..no need to call uscis or submit paperwork...so the lawyer told us that once my mom's priority date in category 1 became current, we were able to submit the I485 for adjustment of status...which i did in january 2008, as that was when my priority date became current. i already got my fingerprinting, work authorization and advance parole. now i am just waiting for the interview...


    so you will do the same..if you wanna be safe, you cann call them, but in my family's case, we didn't and my case is still pending for the greencard interview...good luck!

    Leave a comment:


  • aneri
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Depika:
    Does anybody know how loung it take for first prefernce to get Green Card. Can we do that from United States or I must go back home for interview and processing.
    Thanks. </div></BLOCKQUOTE>

    It takes 15+ years from the original filling of I-130 if the beneficiary is from the Philippines or Mexico, 6+ if from most other countries.

    You can adjust status in the USA if you have a legal status in the USA when your priority date becomes current.

    Leave a comment:


  • whiteUSCNeedsHelp
    replied
    What is your status? How did you enter the country?

    Leave a comment:


  • Depika
    replied
    Is it ture a person can upgrade his petition from Green Card Holder to U.S Citizen by the phone by calling the I-800 number?
    That what I was told when call them ...but I don't trust those contracter...anybody upgrade the petition by phone ? did you receive a letter confirming the upgrade if you did that by phone?

    Thank to all

    Leave a comment:


  • Depika
    replied
    Does anybody know how loung it take for first prefernce to get Green Card. Can we do that from United States or I must go back home for interview and processing.
    Thanks.

    Leave a comment:


  • Aroha
    replied
    Your dad would need to send a letter requesting the petition be upgraded and include a copy of their naturalization certificate and the I-130 receipt. He should call customer service to find the fax number and/or address (1-800-375-5283).

    His daughter should fall under First Preference once it's done.

    Leave a comment:


  • Depika
    replied
    My dad became a U.S citizen on May 22 2008 how can my dad upgrade his petition I-130 to his daughter from green card father to U.S citizen father petition his daughter.

    On I-797C notice of action my dad section was Unmarried child 21/older of permanent resident,203(a)(2)(B) INS
    After the upgrade what the new preference will be.

    Thanks

    Leave a comment:


  • Depika
    started a topic Petition I-130 Upgrade

    Petition I-130 Upgrade

    My dad became a U.S citizen on May 22 2008 how can my dad upgrade his petition I-130 to his daughter from green card father to U.S citizen father petition his daughter.

    On I-797C notice of action my dad section was Unmarried child 21/older of permanent resident,203(a)(2)(B) INS
    After the upgrade what the new preference will be.

    Thanks
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