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  • Re: Change of Status

    I am over 21 and unmarried. My father filed for me since 2002; the application was sent to Texas because he resides in Fl. The problem is, their proccessing applications with reciepts dated Jan 1999. I reside in NYC and the Vermont service are processing the same kind of applicantions dated Feb 2006; can I ask them to send my application to Vermont? I have been waiting for so long.

  • #2
    I am over 21 and unmarried. My father filed for me since 2002; the application was sent to Texas because he resides in Fl. The problem is, their proccessing applications with reciepts dated Jan 1999. I reside in NYC and the Vermont service are processing the same kind of applicantions dated Feb 2006; can I ask them to send my application to Vermont? I have been waiting for so long.

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    • #3
      Hi eroy,

      is your father green card holder or US citizen? If later, when did he become USC?

      How old were you when he petitioned for you?

      Comment


      • #4
        I was 34 when he filed. He just became a USC a month ago; but I have been out of status for so long I am even scared to go for any interview even if they call. He filed in 2002; would I be able to interview here? Not sure what to do if I do get a call from them.

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        • #5
          The processing dates for I-130 for you don't really matter at this point as you have to wait for a visa number to become available for your category.
          http://travel.state.gov/visa/frvi/bu...etin_2943.html
          As you can see in the Visa Bulletin, the cut-off date for son/daughter of USCs is January 2000 (most countries), and for son/daughter of permanent residents Aug 1996. Your priority date is 2002.
          Your father should inform NVC that he became USC and upgrade the petition.

          However, your concern about your curent status is legitimate. To the best of my knowledge, when your time comes, NVC will send you a note saying that you can't adjust status within the US, since you are out of status, and have to go through consular processing. That means exiting the US and being imposed a bar on return because of your overstay.

          Maybe by that time, laws will change.

          Good luck.

          Comment


          • #6
            Actually, you can stay after your I-130 is approved. You can wait to adjust within the country.(I was specifically told this by immigration officers - 3 - and was told that my 'applicant' should not leave the country when/after they approved I-130. The NVC confirmed this information when they started sending me forms - my 'applicant' could adjust either in or out of the country!). Your father should file an I-485 asap and inform the NVC (send them a certified photocopy of his naturalization certificate.) They then note you AOS within the country. Send all forms and information with delvery notification from the post office. That way, you have a record of when it was delivered (costs about $4.00) You can file your I-765 (employment authorization) at the same time.

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            • #7
              Dragonlady, eroy can't submit I-485 for adjustemnt of status (and for EAD) because his priority date is not current.

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              • #8
                Does adult children of USC granted the same waiver for illegal presence just like USC's spouse? I was under the impression that they are not.

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                • #9
                  A USC can file the 1-130 and the I-485 concurrently even if the priority date is not current. This why one files the I-765 pending the I-485 AOS. You can file the I-765 under C(9). Why would you get employment authorization if your visa was current and you get a GC? Many people have had EA's for years.

                  This I-130 has been approved and so the 485 should be filed. Immigraton just holds the application until the visa is current - just as the NVC does.

                  If the I-130 has been approved, the process is pending. This is not necessarily illegal presence.

                  Check the CFR's.

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                  • #10
                    eroy's I-130 hasn't been approved.

                    ..and I don't agree that the process goes the way you describe it

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                    • #11
                      It's okay - you don't have to agree with me - I only have personal experience and the CFRs. Check the CFR's - Maybe you could agree with them!

                      You are right - he did not say what his application was for.

                      Maybe eroy would clarify that point.

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                      • #12
                        Thanks for the info guys...my I-130 has not yet been approved; however when I check the status it say processing is complete and I will hear from them soon. What I really wanted to know is if I could ask them to transfer the file from Texas to Vermont (I live in NYC) and the same applications in vermont are so far ahead of Texas.Thanks again.

                        Comment


                        • #13
                          eroy,

                          Your I 130 application was filed after April 30th 2001, because of this you do not qualify to adjust your status under 245(i). Who filed for your dad?

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                          • #14
                            Thats what I thought. My brother filed for him. I am hoping something changes with the law so I can get a break. Its ashame because I am a single mom, working (nanny) and got my associate's degree online.(Paralegal) I am starting my bachelors on the 28th of this month. Does that matter at all? I soooooooo want to go to law school. :

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                            • #15
                              eroy,

                              You might be eligible to adjust. If your uncle filed for your dad prior to 1998 and the filing occurred before your 21st birthday you would have been granfathered in under 245(i). This is because you would have been a derivative beneficiary of your dad's application. Go to the below website and consult with one of the attorney for free advice.


                              http://experts.about.com/q/Immigrati...-344/index.htm

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