I130 - Unmarried Son of US Citizen

[Andres1987 13]

Hello, I'm currently on the wait to become a resident, on 2012 my mother, a US Citizen, filed the I130 for me in California ( On February 2, 2012, we received this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN ) , unfortunately I am a complete and total noob in this so I'm a bit lost thus I'm looking for guidance. Basically my form has been Accepted and is currently in the "Initial Review" status, I understand it might take a few years, from what it says there it takes about 39.5 Months to process (Effective as of: April 30, 2013), I've been looking at the USCIS Processing times and it says:

Now Processing Cases with Receipt Notice Date of:

I-130 Petition for Alien Relative U.S. citizen filing for an unmarried son or daughter over 21

February 01, 2010

Does this get updated each month by month (i.e. next month that will be processed is March 01, 2010, then next month June 01, 2010?) or by year?

Does this means I might get a decision in about 3 years? And after a decision is made, if approved how much longer is the wait?

I was denied my tourist VISA back in 2012 because I overstayed, which is odd because they had given me a stay time of 9 months back in 2006 (when I arrived in the US the person receiving the passengers apparently put in there I could stay for that amount of time), however when I tried to explain that the lady at the counter just said "you have been denied I cannot change that, please try again at another time) - Terribly rude from her part, I was not only angry and upset but quite frustrated as I had renewed my VISA since I was a child without any problems. Now my vacations are coming in October and I would like to go visit my mother but I'd hate to spend another 5 hours of my time and $160 only to be told again that I have been denied, I understand a 3 year ban is placed if you overstay for a few months (6 I believe), but I applied in 2012 which was 4+ years after I had returned, so I'm quite confused to say the least.

I appreciate your time and help to answer my doubts and questions, from a very confused immigrant and traveler, thank you very much!

Edited July 14, 2013 by Andres1987

[aleful 1,905]

hi,

the maximum that a tourist can stay is 6 months, even if you have a multiple entry visa, each time the maximum time allowed to stay is 6 months. what did the i94 say? you should have know before coming or asking so you could leave before the time. you overstayed by 3 months. there is no ban, because the overstay was only 3 months, but you overstayed, even if it was by only one day. you overstayed and that's why you were denied a tourist visa, and you won't get one if you try.

the wait in all is 7 years, so it doesn't matter when you will be approved, you still will have to wait more years until your priority date becomes current and there is a visa available for you.

this is what the wait is currently, who knows what it will be in a few years, maybe less time waiting hopefully

if the immigration reform is passed the wait will be reduced.

[Andres1987 13]

hi,

the maximum that a tourist can stay is 6 months, even if you have a multiple entry visa, each time the maximum time allowed to stay is 6 months. what did the i94 say? you should have know before coming or asking so you could leave before the time. you overstayed by 3 months. there is no ban, because the overstay was only 3 months, but you overstayed, even if it was by only one day. you overstayed and that's why you were denied a tourist visa, and you won't get one if you try.

the wait in all is 7 years, so it doesn't matter when you will be approved, you still will have to wait more years until your priority date becomes current and there is a visa available for you.

this is what the wait is currently, who knows what it will be in a few years, maybe less time waiting hopefully

if the immigration reform is passed the wait will be reduced.

Thank you for your reply. I'm a bit confused, so from now on I will not be able to get a tourist VISA, at all? I have heard people who have obtained one after overstaying which is why I thought it was only due to a temporary ban.

[Andres1987 13]

Hmmm... I'm currently checking my old Passport, I have a stamp from the Dept of Homeland security which says:

"Admitted LAX Sep 29 2006" -- Class B2 -- Mar 28 2007"

Then I have an entry stamp on the very back of my passport from my country that reads "28 Ene. 2007" (28th January 2007). I only stayed 4 months, not even close to the 6 months I was granted, what in the world? Then why did the lady at the US Embassy told me I overstayed??? >:|

Sorry I posted here as a new reply to the topic, no edit button for some reason on the above post.

Edited July 14, 2013 by Andres1987

[Asia 2,499]

But apart from the stamps you have in your passport, how long did you stay in the US during every single one of your trip?

If you overstayed even for one day, your visa got void and even that short overstaying can cause problems with getting a new tourist visa.

If I understood correctly, your category is (F1) Unmarried Sons and Daughters of U.S. Citizens.

The processing times for family visas aren't month for month... Sometimes it goes slower, sometimes faster.

According to visa bulletin from June, they're proceeding petitions with PD 01 June 2006:

http://www.travel.state.gov/visa/bulletin/bulletin_5993.html

And they predict that in August, they will be proceeding petitions with PD 01 September 2006:

http://www.travel.state.gov/visa/bulletin/bulletin_6028.html

[Andres1987 13]

But apart from the stamps you have in your passport, how long did you stay in the US during every single one of your trip?

If you overstayed even for one day, your visa got void and even that short overstaying can cause problems with getting a new tourist visa.

If I understood correctly, your category is (F1) Unmarried Sons and Daughters of U.S. Citizens.

The processing times for family visas aren't month for month... Sometimes it goes slower, sometimes faster.

According to visa bulletin from June, they're proceeding petitions with PD 01 June 2006:

http://www.travel.state.gov/visa/bulletin/bulletin_5993.html

And they predict that in August, they will be proceeding petitions with PD 01 September 2006:

http://www.travel.state.gov/visa/bulletin/bulletin_6028.html

I returned no later than the 28th of January 2007.

Thank you for the information provided.

[NigeriaorBust 4,087]

A small overstay isn't an automatic ban but it means you must show that you will never overstay again. You have a parent in the US, maybe other family. What compels you to leave ?

[Andres1987 13]

A small overstay isn't an automatic ban but it means you must show that you will never overstay again. You have a parent in the US, maybe other family. What compels you to leave ?

Many things, my job, my father, my grandparents, our family business, etc. Last time I tried to prove all these things but the woman on the counter was really pedantic, I had a job letter stating I had worked there for years now, a University letter and even documents with all of our properties, bank statement and assets to prove I had no intention of staying, however she wasn't having any of it, she shot me down like a sitting duck and didn't even request to see any of the documents, you can see how much I loathe that lady.

Edited July 15, 2013 by Andres1987