Waiting dates and questions

[Maple-Leaf 0]

Hi everyone, 

I came across different pieces of information and currently, I am a bit confused. I am unmarried and over the age of 21 - my parents who hold a green card applied for me two years ago (end of 2016) and I am Canadian. 

 

We paid for a lawyer to do all the paperwork and submit everything on our behalf. Her advice is for me to continue to keep some form of legal status within the states as I am waiting. Current processing time shows May 27, 2015 for the California center. I will be graduating this fall semester and will apply for an OPT to stay in the country as my lawyer has warned against leaving the country at any time. 

 

This is where my confusion starts. I have been reading that the wait time listed on different sites is for the I-130 of which once obtaining approval it will go to the NVC and I will have another four years of waiting, is this true? My lawyer was saying that the entire process should only take 2-4 years. If it is longer how am I supposed to maintain a legal status after the year-long OPT runs out? It seems impossible to continue waiting without the ability to work while attending expensive schools. 

 

Maybe I have this entire thing wrong? Also once the I-130 is approved can I submit for a EAD? What is the point of staying in the country in regards to staying outside of the country - is there a difference in processing times?

Edited July 2, 2018 by Maple-Leaf

[geowrian 22,338]

20 minutes ago, Maple-Leaf said:

I have been reading that the wait time listed on different sites is for the I-130 of which once obtaining approval it will go to the NVC and I will have another four years of waiting, is this true? My lawyer was saying that the entire process should only take 2-4 years. If it is longer how am I supposed to maintain a legal status after the year-long OPT runs out? It seems impossible to continue waiting without the ability to work while attending expensive schools. 

A couple points...

1. When the I-130 is approved doesn't mean much (assuming you won't qualify for CSPA). You need to be looking at the Visa Bulletin to see when the I-130's Priority Date (PD) becomes current. For F2B in the worldwide category, expect 7-10 years. This means there is not an immigrant visa available for you to apply for until the PD is current.
2. I'm assuming the lawyer wants you to apply for a green card within the country. This is done via AOS. You must maintain a legal status in the US the entire time in order to qualify for this.
3. If your legal status is going to expire, you need to either do Change of Status (COS) to another eligible status, or you must leave the US and wait out the timeline for the visa abroad.
   1. You can try to find an employer that will sponsor you for an H-1B. Or you can look at other work visas. These are not easy to come by. Most of the work and costs for this falls on the employer.
4. If the I-130 is approved before the PD is current, it will sit at NVC until the PD is current. So if the PD ends up taking 7 years, and it takes 2 years for the I-130 to be approved (just a guesstimate), then the I-130 will sit at NVC for the remaining 5 years.

28 minutes ago, Maple-Leaf said:

Also once the I-130 is approved can I submit for a EAD? What is the point of staying in the country in regards to staying outside of the country - is there a difference in processing times?

1. You can submit for an EAD only after you qualify for AOS, not based on I-130 approval.
2. You are permitted to leave the US and get the visa there. There's no reason you cannot leave the US. You can even visit or get a different visa in the mean time.
   1. You cannot re-enter the US with intent to stay, though. Once you leave, you need to always enter with the intent to return home and wait out the immigrant visa process.
   2. If suspected of immigrant intent, you may not be permitted back into the country. I'm assuming that's the risk the lawyer is implying. With a pending immigrant petition, long stay within the US, etc., you may have difficulty showing non-immigrant intent upon any return attempt.

[Maple-Leaf 0]

3 hours ago, geowrian said:

A couple points...

1. When the I-130 is approved doesn't mean much (assuming you won't qualify for CSPA). You need to be looking at the Visa Bulletin to see when the I-130's Priority Date (PD) becomes current. For F2B in the worldwide category, expect 7-10 years. This means there is not an immigrant visa available for you to apply for until the PD is current.
2. I'm assuming the lawyer wants you to apply for a green card within the country. This is done via AOS. You must maintain a legal status in the US the entire time in order to qualify for this.
3. If your legal status is going to expire, you need to either do Change of Status (COS) to another eligible status, or you must leave the US and wait out the timeline for the visa abroad.
   1. You can try to find an employer that will sponsor you for an H-1B. Or you can look at other work visas. These are not easy to come by. Most of the work and costs for this falls on the employer.
4. If the I-130 is approved before the PD is current, it will sit at NVC until the PD is current. So if the PD ends up taking 7 years, and it takes 2 years for the I-130 to be approved (just a guesstimate), then the I-130 will sit at NVC for the remaining 5 years.

1. You can submit for an EAD only after you qualify for AOS, not based on I-130 approval.
2. You are permitted to leave the US and get the visa there. There's no reason you cannot leave the US. You can even visit or get a different visa in the mean time.
   1. You cannot re-enter the US with intent to stay, though. Once you leave, you need to always enter with the intent to return home and wait out the immigrant visa process.
   2. If suspected of immigrant intent, you may not be permitted back into the country. I'm assuming that's the risk the lawyer is implying. With a pending immigrant petition, long stay within the US, etc., you may have difficulty showing non-immigrant intent upon any return attempt.

2

Wow thanks. That hits pretty much all the bases. 

I did a PD calculator on one of the visa sites and it estimates around 2023 for me.

 

The only thing I don't understand is the AOS. When am I able to apply for an adjustment of status? I thought this is only when you are granted pm or a green card. 

[geowrian 22,338]

6 minutes ago, Maple-Leaf said:

Wow thanks. That hits pretty much all the bases. 

I did a PD calculator on one of the visa sites and it estimates around 2023 for me.

 

The only thing I don't understand is the AOS. When am I able to apply for an adjustment of status? I thought this is only when you are granted pm or a green card. 

No problem.

That sounds about right (2016 + 7 years = 2023), but keep checking at the estimated timeline can change. It's based on how many people in front of you actually get a visa since visas under F2B are limited per year.

 

AOS is the process to obtain the green card. Your petitioner filed an I-130, which is the form that establishes the legal relationship between the petitioner and beneficiary for the purposes of qualifying for an immigrant visa. It doesn't do anything by itself other than start the wait.

AOS is the process that 1) grants a period of authorized stay while waiting, 2) lets you apply for an EAD to work (and AP to travel abroad and return), and 3) grants a green card upon approval.

 

You can file for AOS using the USCIS chart. Currently, you can file based on the Dates For Filing chart, which is sooner than the PD actually becomes current. This can change to use the other chart ("Final Action Dates") from month to month, so be sure to check that website for AOS purposes.

https://www.uscis.gov/visabulletininfo

[SusieQQQ 11,587]

51 minutes ago, Maple-Leaf said:

Wow thanks. That hits pretty much all the bases. 

I did a PD calculator on one of the visa sites and it estimates around 2023 for me.

 

The only thing I don't understand is the AOS. When am I able to apply for an adjustment of status? I thought this is only when you are granted pm or a green card. 

Remember you can only file AOS if you are resident in the US and have never been out of status.

this seems to be the path your lawyer wants you to take, but given the issues you mentioned above it may (may - obviously you know much more about your situation than I do] actually make more sense for you to spend the next 5 or so years in Canada, getting work experience without trying to fit that around whatever visa status you can scrape, then doing the interview in Canada and entering on an immigrant visa.