Announcement

Collapse
No announcement yet.

i130

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • i130

    hi,

    im new here and so glad was able to find a site that discusses immigration.

    My parents are legal permanent residents in US and filed a i130 last 2000. I was still single then but I got married last 2005. We did not update my status. Last july my parents received a mail requesting for my birth certificate. We provided the document and they also informed that I am now married. I am from the philippines by the way.

    Anyone knows what will happen or what is the best thing we can do? Any information will be appreciated


    thanks,


    michael

  • #2
    hi,

    im new here and so glad was able to find a site that discusses immigration.

    My parents are legal permanent residents in US and filed a i130 last 2000. I was still single then but I got married last 2005. We did not update my status. Last july my parents received a mail requesting for my birth certificate. We provided the document and they also informed that I am now married. I am from the philippines by the way.

    Anyone knows what will happen or what is the best thing we can do? Any information will be appreciated


    thanks,


    michael

    Comment


    • #3
      wow ekimloy.. are your parents still permanent residents? They did not naturalize?

      Well, permanent residents can NOT sponsor married sons/daughters. If that's your case, their petition for you is now voided.

      Comment


      • #4
        Really? Wahhh, yes they are still permanent residents. What if they apply for US citizenship, will that help?

        Comment


        • #5
          Are you in the USA? How about your spouse? If you are both in the USA, what's your legal status?

          Well, one way is that your parents (or at least one) naturalize and apply for you again (USC can sponsor married son/daughter). That means new long wait... If they find a very good lawyer, maybe she/he can convince USCIS to take the new petition under the old priority date ( 2000).

          Comment


          • #6
            To aneri;
            You said: - That means new long wait... If they find a very good lawyer, maybe she/he can convince USCIS to take the new petition under the old priority date ( 2000).

            The USCIS follow immigration rules and regulation it does not matter if you have a good lawyer or not in this case. Do you know anybody after getting married and re- applied again was able to capture the old priority date
            Or if anybody knows the regulation concerning this matter?

            Comment


            • #7
              Loue; no, I don't know anybody in the exactly the same situation who was able to do that.

              USCIS should follow the immigration law, but the issue with Retention of Priority date is that the language of the statue is unclear and there is almost no guidance. There was a Memo published recently with some clarifications, but it did not cover all areas. Unless a case like ekimloy's has been brought up and settled (which I don't know about, but I don't follow this area so close either) who knows what may be decided ... It is a very very long shot, but 18-20 years is also very very long.

              Comment


              • #8
                We are both in the philippines. So worse case is that the petition will be voided and when my father decomes USC they can apply for another petition? Do we know any situation like mine, I was not aware how petition works and it is my fault I did not check this earlier.

                Comment


                • #9
                  I see. So there is still a chance that I can retain my priority date with a different preference?

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ekimloy:
                    So worse case is that the petition will be voided and when my father decomes USC they can apply for another petition? </div></BLOCKQUOTE> Yes, that's worst and most likely scenario... It is up to you to decide if you want to spend time and money and see what comes up.. I don't want to give you false hope (sorry if I did before: I just thought maybe there is a way that your case can be interpreted in a way that fits into the provision of the law regarding Retaining the PD).

                    Comment


                    • #11
                      Thanks for the information. I just feel so bad I can't be with my parents. We are waiting for the reply to the documents my parents sent. My mom said that they included in their mail that I am now married....

                      Comment

                      Sorry, you are not authorized to view this page

                      Home Page

                      Immigration Daily

                      Archives

                      Processing times

                      Immigration forms

                      Discussion board

                      Resources

                      Blogs

                      Twitter feed

                      Immigrant Nation

                      Attorney2Attorney

                      CLE Workshops

                      Immigration books

                      Advertise on ILW

                      EB-5

                      移民日报

                      About ILW.COM

                      Connect to us

                      Questions/Comments

                      SUBSCRIBE

                      Immigration Daily



                      Working...
                      X