AOS HELP LPR GRANDPA FOR MOTHER & CHILDREN IN AZ WITH EWI

[s.silva 0]

My grandpa filed an I-130 for my mom (and her children) on 4/30/2001 (receipt date 6/27/2001). We currently and have lived in the US since 1991. ON 11/23/2005 we received the infamous I-797- Notice of Action that states that the petition was approved. It states, however, “that the person for whom you are petitioning is not eligible to file an adjustment of status application at this time”.

Today I checked the status of the case using our receipt number on USCIS. The website states that the case is in the Post-Decision Activity stage. It states specifically :

“On November 23, 2005, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.”

Does anyone know what this means/What comes next? Are we missing something?

Ages:

Mom- 42

Grandpa-68

Mexican

[Nik+Heather 121]

I think you'll find better/more answers in another section of the forums specifically for the process that LPRs go through to bring their family members here..

http://www.visajourney.com/forums/index.php?showforum=112

[sachinky 465]

I'm afraid EWI cannot adjust status.

[canadian_wife 1,827]

You cannot adjust status if you EWI. You must return to your home country, obviously Mexico in this situation, to interview. Upon which time you will need to face up to the fact you EWI and the unlawful presence you obtained when entering in 1991

Good luck.

[aleful 1,905]

silva,

what is the priority date on the i130? If the priority date is 4/30/01, they your mom is covered under the 245i Law. from what country is she?

what the approval says is that she cannot adjust status yet. there is more waiting depending from what country is she? she's married, right?

did your granpa file for her as married or did she marry afterwards? now I saw that she's Mexican. Unfortunatly, Mexican have 18 years of waiting.

from now on you have to see the visa bulletin, which for Mexicans is currently in 1992, to 2001, she still has more than 10 years of waiting.

but to be able to adjust in country, the priority date has to be no later than 4/30/01 to be covered under the 245i law and to pay the $1000 fine to adjust in country, and of course, never have left since the day she entered.

[Boiler 45,966]

It is a two stage process, you have gone past one and are waiting for the second, a visa number to become available.

Sounds like there are posters not familiar with 245i

[s.silva 0]

silva,

what is the priority date on the i130? If the priority date is 4/30/01, they your mom is covered under the 245i Law. from what country is she?

what the approval says is that she cannot adjust status yet. there is more waiting depending from what country is she? she's married, right?

did your granpa file for her as married or did she marry afterwards? now I saw that she's Mexican. Unfortunatly, Mexican have 18 years of waiting.

from now on you have to see the visa bulletin, which for Mexicans is currently in 1992, to 2001, she still has more than 10 years of waiting.

but to be able to adjust in country, the priority date has to be no later than 4/30/01 to be covered under the 245i law and to pay the $1000 fine to adjust in country, and of course, never have left since the day she entered.

Thank you so much for your help! It actually sound about right. My only other doubt would be that my brother and i are in her petition. I married but he is not . I understand that once his is 21 he automatically comes out of the petition, does he have to marry before he turns 21 to be protected by 245i?

[aleful 1,905]

you are out of the petition because you are married

but you haven't answered my question, what is the priority date on the approved i130? did you make the cut? If the prioriy date is May, you are all out of luck, because your mom would have her interview in her country of origen and will be given a 10 year ban,

If she is covered under the 245i, so are you, even though you are out of your grandpa's petiton, whether an employer sponsors you or if your wife is a USC, you are covered under the 245i. It's called grandfathering.

On the other hand, for your brother it will depend if he falls under CSPA. If the officer states he doesn't qualify, he may appeal the decision with an attorney and fight for the CSPA. He will have 30 days to appeal after the denial.

but like I said, it all comes down to whether your are all covered under the 245i

[s.silva 0]

you are out of the petition because you are married

but you haven't answered my question, what is the priority date on the approved i130? did you make the cut? If the prioriy date is May, you are all out of luck, because your mom would have her interview in her country of origen and will be given a 10 year ban,

If she is covered under the 245i, so are you, even though you are out of your grandpa's petiton, whether an employer sponsors you or if your wife is a USC, you are covered under the 245i. It's called grandfathering.

On the other hand, for your brother it will depend if he falls under CSPA. If the officer states he doesn't qualify, he may appeal the decision with an attorney and fight for the CSPA. He will have 30 days to appeal after the denial.

but like I said, it all comes down to whether your are all covered under the 245i

The priority date on the approved i130 is 4/30/01 we made the cut. I read about CSPA and i believe my brother unfortunately does not qualify since he will be 21 next year and there is still a long waiting period. I was however informed by my attorney yesterday that he will still be protected under 245i and that if i become a USC (in 3 yrs after my USC husband files an i-130 for me) or my sister who is a USC turns 21 also in 3 yrs we can file an i-130 for my mother and him as long as they do not marry and they could obtain legal permanent residency within 3-6 months. Is that correct?