Question about I-130

[Miles Ramsell 1]

Hey, just something I found which could help me (maybe others too??)....i think/hope...but not sure, take a look........

Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States?

You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.

Family Member

You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.

You are the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf.

Now....

Just wondered if that meant I could stay there for as long as I wanted within reason until a visa number comes up for me?? or is there a limit to how long you can stay??

Also I heard you can extend your torist visa whilst in the U.S if your mum is a perment resident, how long can this be extended to??

Many thanks for any answers!!!!

Nice One!!

Miles Ramsell

[YuAndDan 153]

Hey, just something I found which could help me (maybe others too??)....i think/hope...but not sure, take a look........

Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States?

You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.

Family Member

You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.

You are the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf.

Now....

Just wondered if that meant I could stay there for as long as I wanted within reason until a visa number comes up for me?? or is there a limit to how long you can stay??

Also I heard you can extend your torist visa whilst in the U.S if your mum is a perment resident, how long can this be extended to??

Many thanks for any answers!!!!

Nice One!!

Miles Ramsell

USCIS will only extend a visitors visa for good reasons, not waiting for a visa number to come up. You can try to extend by filing I-539 and paying $300, if they deny it you would have 30 days to leave the USA.

If you overstay your visitors visa by 180 days or more you will face a bar, that WILL need a waiver filed.

[Miles Ramsell 1]

Okay thanks, what is meant by a good reason? is there anything specific??

the information I came across in my last post.... what does that mean?? as i'm trying my hardest not to have to wait 6-7 or even 8 years for a visa number to come up and settle in the mean time for having maybe 5-6 months over there before I'm forced to come back (to england). what do you think??

Thanks Nice one

Miles

[Bobby+Umit 161]

Okay thanks, what is meant by a good reason? is there anything specific??

the information I came across in my last post.... what does that mean?? as i'm trying my hardest not to have to wait 6-7 or even 8 years for a visa number to come up and settle in the mean time for having maybe 5-6 months over there before I'm forced to come back (to england). what do you think??

Thanks Nice one

Miles

You are the spouse or unmarried son or daughter of any age of a lawful permanent resident and you have a family-based visa petition approved in your behalf.

Do you have a family based visa approved on your behalf now? If not, you do not fall under this category.

You will have a wait anyway if you are 21+:

What does the petition do for my relative?

Filing an I-130 relative petition and proving a qualifying relationship gives your relative a place in line for a visa number among others waiting to immigrate based on that same kind of relationship from

the same country or region. When your relative reaches the head of the line, he or she may be eligible to immigrate.

While there is no waiting line for most immediate relatives of U.S. citizens, sons and daughters over 21 years old will have a waiting time. So if you naturalize while your relatives are waiting for visas, they may be able to immigrate sooner.

Can my relative wait in the United States until he or she can become a permanent resident?

No. Your relative’s approved petition gives your relative a place in line among those waiting to immigrate. It does not give permission for your relative to live or work in the United States while he or she is waiting to apply for permanent residence. If he or she enters or stays without legal status, it will affect his or her eligibility to become a permanent resident upon reaching his or her place in line for issuance of a visa.

Source:USCIS B1 FAQ

So, unless you have the family based visa approved, you cannot AOS on your visitors visa, because your Mum is an LPR. The "immediate relative" clause only applies to USC's.

There is a difference if your USC step-dad established the relationship with you/Mum prior to you turning 18, but you did not indicate that. Also, if your Mum becomes an USC, you will be able to speed up the process a lot, since you will now be an "immediate relative" of an USC.

You can still try to extend your visitors visa, but you would have to have a pretty compelling reason to do so. (they don't like people using visitor visa/vwp as a "green card")

How to extend your visitors visa

Edited May 7, 2009 by Bobby_Umit

[Miles Ramsell 1]

Thanks again so much for your help.

So if I can prove my mum and step dad got married before i turned 18 i would be classed as an immediate relative?? or have a stronger case for me moving to the US quicker than the 6-7 years i've been told I may have to wait???

also would it have made a difference if my step dad (US citizen) would have filed for me rather than my mum (permenent resident)???

Nice one

Miles

[jrmislang 0]

Thanks again so much for your help.

So if I can prove my mum and step dad got married before i turned 18 i would be classed as an immediate relative?? or have a stronger case for me moving to the US quicker than the 6-7 years i've been told I may have to wait???

also would it have made a difference if my step dad (US citizen) would have filed for me rather than my mum (permenent resident)???

Nice one

Miles

Hi, I am new to this site. Here's the situation: I am petitioned by my parents (lawful permanent resident) and was already approved. I am the eldest in the family and by the time the petition was filed I am already above 21 years old. While my sibling were below 21. There were no problems to my siblings except for myself.. I had I-130 case and my priority date is 2001. I am confuse in which preferences I will fall? I am still unmarried

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences. [/b][/size]

Or in employment based since my parents acquired there petition from an employer

4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

[aaron2020 11,651]

Thanks again so much for your help.

So if I can prove my mum and step dad got married before i turned 18 i would be classed as an immediate relative?? or have a stronger case for me moving to the US quicker than the 6-7 years i've been told I may have to wait???

also would it have made a difference if my step dad (US citizen) would have filed for me rather than my mum (permenent resident)???

Nice one

Miles

Hi, I am new to this site. Here's the situation: I am petitioned by my parents (lawful permanent resident) and was already approved. I am the eldest in the family and by the time the petition was filed I am already above 21 years old. While my sibling were below 21. There were no problems to my siblings except for myself.. I had I-130 case and my priority date is 2001. I am confuse in which preferences I will fall? I am still unmarried

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences. [/b][/size]

Or in employment based since my parents acquired there petition from an employer

4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

You are in the F2b category. Currently Filipinos in this category who had I-130 petitions filed before April 1, 1998 are eligible for visas. You probably will have to wait another 3-4 years before you can get a visa.

DO NOT GET MARRIED. If you get married you will not get a visa under the F2b category.