Approved I-130 section 201b INA

[myguitrsong 0]

My dad petitioned me back in 2001 and need to process AOS, I was living in the US at time of approval and was under 21 and unmarried. I am over 21 still unmarried but not live in US anymore. I was told I should wait for Priority Date to come up in Immigration Bulletin. While doing some research for 201b section there is no limit of visas granted. Does anyone have any idea if I do have to wait for priority date or if I can continue with process immediately?

[NigeriaorBust 4,087]

Was your father a US citizen in 2001 ? What was your status in the US at the time and how old were you ? Is he your biological father or adopted ?

[teeak 224]

Is your father a United States citizen? If so, when did he become a USC?

[myguitrsong 0]

Was your father a US citizen in 2001 ? What was your status in the US at the time and how old were you ? Is he your biological father or adopted ?

My father is and was a US citizen in 2001, my status was an illegal immigrant at that moment I was 16 years old at moment of filing. He is my biological father.

[teeak 224]

When he petitioned for you, had you entered the US legally (through B1/B2 etc.)? At what age did you leave the US?

[myguitrsong 0]

When he petitioned for you, had you entered the US legally (through B1/B2 etc.)? At what age did you leave the US?

I entered illegally when I was 10 years old. I left the US when I was 19.

[teeak 224]

Hmm, if your father was a USC when he petitioned for you and you were under 21, then you should've been able to immediately start consular processing on your case once it was approved. When you look at either the I130 receipt notice or approval notice, a category should be listed. Does the category say IR2 (Immediate Relative of USC)?

[myguitrsong 0]

Hmm, if your father was a USC when he petitioned for you and you were under 21, then you should've been able to immediately start consular processing on your case once it was approved. When you look at either the I130 receipt notice or approval notice, a category should be listed. Does the category say IR2 (Immediate Relative of USC)?

I don't see a category. I only see this "Case type: I130 Immigrant petition for relative, fiance(e), or orphan" "Notice type: Approval Notice" "Section: Unmarried child (under age 21 of U.S. Citizen, 201(b) INA"... would this be the same as the category?

[teeak 224]

Yes, the section you posted is the category. It looks like they got the section right and put you as the child of a USC. I thought maybe they put you in the wrong category...

Are you sure you didn't miss any notices from NVC? I would suggest calling USCIS to see if they still have your case or if they converted it to F1 (unmarried over 21 child of USC).

Check your case status here and see what it says: https://egov.uscis.gov/casestatus/landing.do

[NigeriaorBust 4,087]

Even if they had you in the right category you triggered a 10 year ban when you left at 19.

[myguitrsong 0]

Yes, the section you posted is the category. It looks like they got the section right and put you as the child of a USC. I thought maybe they put you in the wrong category...

Are you sure you didn't miss any notices from NVC? I would suggest calling USCIS to see if they still have your case or if they converted it to F1 (unmarried over 21 child of USC).

Check your case status here and see what it says: https://egov.uscis.gov/casestatus/landing.do

It's still under the same status "Case Was Approved"

[teeak 224]

Even if a 10 year ban was triggered, it's been more than 10 years since OP has left the US. Also the ban doesn't apply to overstay accrued under the age of 18.

Edited December 29, 2015 by teeak

[myguitrsong 0]

Even if they had you in the right category you triggered a 10 year ban when you left at 19.

The ban is actually up, I left in 2005. That's one of the reasons I'm looking into it just now, I was told about the ban and the priority date... but since ban is up I started doing research and found the CSPA and started wondering if I could continue process under the CSPA and not wait until priority date.

[teeak 224]

As a child of a USC, you weren't subject to visa limitations though. It's probably best to call USCIS directly or have your father schedule an infoPass appointment to get more information on what happened.

[Hypnos 6,578]

You have/had a ten year bar due to having at least one year of overstay after turning 18 (you said you left when you were 19).

If you've served those ten years then you should be able to pursue consular processing seeking an immigrant visa now. If you are still subject to the bar you may be able to seek a waiver of it after being determined to be inadmissible at your immigrant visa interview.