family based petition or employment based?

[jrmislang 0]

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.

[Mononoke28 135]

It's a family based I-130 since your parents are the ones who filed for you. If that is correct, then under FAMILY-SPONSORED PREFERENCES you will be (2): Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents and then B: Unmarried Sons and Daughters (21 years of age or older).

The chart shows that the USCIS is processing category 2B for people in the Philippines who filed in 09/01/1997. This means that you have to wait at least another 12 years.

Visa Bulletin January 2009

Diana

Edited May 14, 2009 by Mononoke28

[aaron2020 11,651]

It's a family based I-130 since your parents are the ones who filed for you. If that is correct, then under FAMILY-SPONSORED PREFERENCES you will be (2): Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents and then B: Unmarried Sons and Daughters (21 years of age or older).

The chart shows that the USCIS is processing category 2B for people in the Philippines who filed in 09/01/1997. This means that you have to wait at least another 12 years.

Visa Bulletin January 2009

Diana

His Priority Date is 2001, so it is a 4-years wait - not 12 years.

[Mononoke28 135]

I'm sorry but I don't see how his priority date can be 2001 for a category 2B from the Philippines.

Diana

[aaron2020 11,651]

I'm sorry but I don't see how his priority date can be 2001 for a category 2B from the Philippines.

Diana

Diana - I am bit confused about your confusion.

The OP stated that he is currently unmarried and his LPR parent filed a petition for him in 2001 when he was over 21 years of age. That places him in the F2b family preference category.

The current PD date as stated in the June 2009 Visa Bulletin for Filipinos in the F2b category is April 1, 1998.

[jrmislang 0]

I'm sorry but I don't see how his priority date can be 2001 for a category 2B from the Philippines.

Diana

Diana - I am bit confused about your confusion.

The OP stated that he is currently unmarried and his LPR parent filed a petition for him in 2001 when he was over 21 years of age. That places him in the F2b family preference category.

The current PD date as stated in the June 2009 Visa Bulletin for Filipinos in the F2b category is April 1, 1998.

Hi, I just receive may NOA2 today that my petition has been approved.. What does it mean?How long will will it take to grant my visa

[aaron2020 11,651]

I'm sorry but I don't see how his priority date can be 2001 for a category 2B from the Philippines.

Diana

Diana - I am bit confused about your confusion.

The OP stated that he is currently unmarried and his LPR parent filed a petition for him in 2001 when he was over 21 years of age. That places him in the F2b family preference category.

The current PD date as stated in the June 2009 Visa Bulletin for Filipinos in the F2b category is April 1, 1998.

Hi, I just receive may NOA2 today that my petition has been approved.. What does it mean?How long will will it take to grant my visa

Probably 3-4 years. Approval is the first step. Now you have to wait until a visa becomes available - the second step. There are limited numbers of visas available to each family preference category. There are tens of thousands of people who had petitions filed before you who have been approved and are still waiting for visas.

Your Priority Date (PD) is the day that the petition for you was received by the INS/USCIS. KNOW THIS DATE. Look at the Visa Bulletin every month to see if your PD will be current in the F2b category for the Philippines. When it is a couple of months away from becoming current, then the NVC will contact your petitioner.

http://travel.state.gov/visa/frvi/bulletin...letin_1770.html

Edited June 9, 2009 by aaron2020

[jrmislang 0]

I'm sorry but I don't see how his priority date can be 2001 for a category 2B from the Philippines.

Diana

Diana - I am bit confused about your confusion.

The OP stated that he is currently unmarried and his LPR parent filed a petition for him in 2001 when he was over 21 years of age. That places him in the F2b family preference category.

The current PD date as stated in the June 2009 Visa Bulletin for Filipinos in the F2b category is April 1, 1998.

Hi, I just receive may NOA2 today that my petition has been approved.. What does it mean?How long will will it take to grant my visa

Probably 3-4 years. Approval is the first step. Now you have to wait until a visa becomes available - the second step. There are limited numbers of visas available to each family preference category. There are tens of thousands of people who had petitions filed before you who have been approved and are still waiting for visas.

Your Priority Date (PD) is the day that the petition for you was received by the INS/USCIS. KNOW THIS DATE. Look at the Visa Bulletin every month to see if your PD will be current in the F2b category for the Philippines. When it is a couple of months away from becoming current, then the NVC will contact your petitioner.

http://travel.state.gov/visa/frvi/bulletin...letin_1770.html

The NOA2 (hard copy)was mailed to my petitioner. And it states that I am going to receive another notice again from the NVC Within 30-90 days Is it the packet 3?

[aaron2020 11,651]

I'm sorry but I don't see how his priority date can be 2001 for a category 2B from the Philippines.

Diana

Diana - I am bit confused about your confusion.

The OP stated that he is currently unmarried and his LPR parent filed a petition for him in 2001 when he was over 21 years of age. That places him in the F2b family preference category.

The current PD date as stated in the June 2009 Visa Bulletin for Filipinos in the F2b category is April 1, 1998.

Hi, I just receive may NOA2 today that my petition has been approved.. What does it mean?How long will will it take to grant my visa

Probably 3-4 years. Approval is the first step. Now you have to wait until a visa becomes available - the second step. There are limited numbers of visas available to each family preference category. There are tens of thousands of people who had petitions filed before you who have been approved and are still waiting for visas.

Your Priority Date (PD) is the day that the petition for you was received by the INS/USCIS. KNOW THIS DATE. Look at the Visa Bulletin every month to see if your PD will be current in the F2b category for the Philippines. When it is a couple of months away from becoming current, then the NVC will contact your petitioner.

http://travel.state.gov/visa/frvi/bulletin...letin_1770.html

The NOA2 (hard copy)was mailed to my petitioner. And it states that I am going to receive another notice again from the NVC Within 30-90 days Is it the packet 3?

No. It's likely that you will receive a copy of the NOA2. Packet 3 (I-864 and DS-230) is mailed a couple of month before your PD becomes current in 3-4 years.

At this point, live your life whereever you are. The NVC will contact your petitioner in 3-4 years. There is nothing else of importance until then.

Edited June 9, 2009 by aaron2020