petition process

[tpeg]

hi,

I am currently waiting for my mom's priority date to become current. I am a derivative of the petition.I am a little confused about the petition process. First a petition has to be filed and then approved? Then you recieve a priority date. once priority date is current, you go through consular processing and once that is done you get Notice of Action (I-797 Approved Petition). So you have to get the petition approved twice? Since i am a derivative, do i also have to go through consular processing too or is it just my mom? I am already in the US and qualify for the 245i clause. Do i just file adjustment of status?

[tpeg]

hi,

I am currently waiting for my mom's priority date to become current. I am a derivative of the petition.I am a little confused about the petition process. First a petition has to be filed and then approved? Then you recieve a priority date. once priority date is current, you go through consular processing and once that is done you get Notice of Action (I-797 Approved Petition). So you have to get the petition approved twice? Since i am a derivative, do i also have to go through consular processing too or is it just my mom? I am already in the US and qualify for the 245i clause. Do i just file adjustment of status?

[Rough Neighbor]

Who petitioned your mom? When? What country? How young are you? No, you "may not" have to consular process if you're on US soil due to your 245i coverage (if you're covered because dates are critical) but, well, it depends. Seeking an expert advice for a fee is your better bet. Anyway, it's free here but depending on your luck, you may get a lashing or two in return.

[tpeg]

My grandfather petitioned my mom back in sep. 1991 for the philippines. I am 20 turning 21 this year. I have been here since 1992, so i've been waiting for about 15 years for my petition to come through. I'm really hoping it will be current this year if not the next. But i was wondering about the petition..it has to be approved twice?

[aneri]

no..it is not the same petition that's being approved twice.
1. petition I-130 is filed, that date IS the priority date
2. waiting for the priority date to become current
3. I-130 may be approved in the matter of months or years...approval means your grandfather can, according to the law, petition your mother because he provided evidence that he is US citizen and your mother is HIS daughter
4. priority date is current: beneficiary of the I-130 (and dependants) go through either consular processing or adjust status in the US. Approval of immigrant visa or adjustment of status means the beneficiary is eligible to receive immigrant benefits (entered legaly, no overstay, (or is covered by 245i), passed medical and security check, clean police record...)

[JF2007]

You need to set up an appointment with an experienced immigration attorney.

[Rough Neighbor]

Diyos ko po! Sorry for the bad news, kabayan, but I can't foresee any refreshing relief in the horizon per your derivative family petition. You must be looking at the F3 visa bulletin for March for your mother under the Philippine priority date of 01SEP90. The April bulletin is also available now. Your mother's priority date has retrogressed tremendously back to 01JAN85. Hold on to your seat, I know. So, if I were in your place, I would opt for another option: PERM, etc. Anyway, you don't lose your grandfathered 245i coverage.