I-130 approved since 2015

[Eric MC 3]

My I-130 was filed 2011 and was approved March 2015 under my parent, I'm an adult that is married. I thought I have to wait for another notice to my next step I never thought of filing a I-485 and other forms with it once I get an approval. What should I do next when leaving the approval notice sitting for more than 5 years? I just filed a I-130 under my adult daughter and residing in the US more than 20 years.

Edited September 7, 2023 by Eric MC

[Mike E 11,739]

1 minute ago, Eric MC said:

My I-130 was filed 2011 and was approved March 2015 under my parent, I'm an adult that is married. I thought I have to wait for another notice to my next step I never thought of filing a I-485 and other forms with it once I get an approval. What should I do next when leaving the approval notice sitting for more than 5 years? I just filed a I-130 under my adult daughter.

1. So you are in the U.S.?

 

2. Did you enter with inspection?

 

3. Did you over stay?

 

4. Is your daughter  U.S. citizen?

 

5. Is your parent a U.S. citizen? If so, per https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-september-2023.html your category is F3. For Philippines, cases filed 08JUN02 or earlier are being considered. I would say you have at least 20 years before an immigration visa is available to you.

[Eric MC 3]

I'm in the US for more than 20 years and entered with inspection. My daughter is a US citizen.

[Mike E 11,739]

4 minutes ago, Eric MC said:

I'm in the US for more than 20 years and entered with inspection. My daughter is a US citizen.

1. The I-130 your daughter filed is your more viable path to a green card. Have you filed I-485?

 

2. Is your spouse a U.S. citizen?

Edited September 7, 2023 by Mike E

[Eric MC 3]

I haven't filed I-485 since I need to transfer the petition from my parent to my daughter once my I-130 (daughter) get approved by going to immigration court, is that right? My spouse is also waiting for her I-130, I-485 and I765 to get approved under my daughter. 

[Crazy Cat 41,845]

1 minute ago, Eric MC said:

I haven't filed I-485 since I need to transfer the petition from my parent to my daughter once my I-130 (daughter) get approved by going to immigration court, is that right? My spouse is also waiting for her I-130, I-485 and I765 to get approved under my daughter. 

Do you have an immigration attorney?

[Mike E 11,739]

3 minutes ago, Eric MC said:

I haven't filed I-485 since I need to transfer the petition from my parent

No such thing AFAIK.

 

Each I-130 is separate and independent.

 

3 minutes ago, Eric MC said:

to my daughter once my I-130 (daughter) get approved by going to immigration court, is that right?

Are you in removal proceedings? Has ICE, CBP, BP, or any other law enforcement agency of DHS ever arrested or detained you?

 

Are you under DACA?

3 minutes ago, Eric MC said:

My spouse is also waiting for her I-130, I-485 and I765 to get approved under my daughter. 

OK. 

Edited September 7, 2023 by Mike E

[Eric MC 3]

Went to immigration court for Removal Proceeding and case was admin closed in 2016 for pending petition from parent I-130. Not under DACA.

[Dashinka 24,494]

8 minutes ago, Eric MC said:

I haven't filed I-485 since I need to transfer the petition from my parent to my daughter once my I-130 (daughter) get approved by going to immigration court, is that right? My spouse is also waiting for her I-130, I-485 and I765 to get approved under my daughter. 

There is no transfer of the I130 to the best of my knowledge.  If you adjust via your USC daughter, the other I130 will just evaporate.  It might be a good idea to consult with an immigration attorney.

 

Good Luck!

[Mike E 11,739]

1 minute ago, Eric MC said:

Went to immigration court for Removal Proceeding and case was admin closed in 2016 for pending petition from parent I-130. Not under DACA.

This is not DIY. Yes you have to have your immigration attorney sort out the removal before the attorney files I-485.

 

I am intrigued how an F3 petition caused a removal proceeding to be administratively closed.  @Family ?

[Eric MC 3]

Sorry, it was I-589 and I-130 that were in the Admin Closed letter.

 

What should I do with my parent I-130 petition?

 

[Mike E 11,739]

21 minutes ago, Eric MC said:

What should I do with my parent I-130 petition?

Nothing. Having 2 horses in a race ia never bad

Edited September 7, 2023 by Mike E

[manyfudge 291]

1) you cannot transfer i130s.

2) because you had a removal case, you can’t just file i485 with uscis.  After i130 is approved, lawyer needs to close the case with immigration court and then get i485 adjudicated either by court or uscis.

 

Did your wife have a removal case?

 

3) have you been paying taxes under your own SSN/ITIN?

 

 

[Family 3,988]

2 hours ago, Mike E said:

This is not DIY. Yes you have to have your immigration attorney sort out the removal before the attorney files I-485.

 

I am intrigued how an F3 petition caused a removal proceeding to be administratively closed.  @Family ?

Removal was admin closed because it met PD / prosecutorial discretion criteria
OP is a good guy w no criminal record and equities in US ..long time here, kids, community ties, Jon  ( not a removal priority) 

1. If wife was NOT in prior removal, she will be granted LPR status as parent of USC daughter . When wife becomes LPR..she will become a QR ( qualifying relative ) ..should that venue be needed. 

 

2. DIY ing yourself out of Immigration Court takes some effort. See @Misclouws or @Demise..for inspiration  Fathers prev I-130 was a smart way to cement equities…but no path to O-485

 

3. The To Do: 

Reach out to ICE and ask them to join Motion To Terminate based on daughters I-130 ..( of not already filed DO IT NOW)..likely no response but need proof you tried

 

4. File I-485 via daughters I-130 w USCIS…it will likely get accepted and then ne placed on hold for lack of jurisdiction..but a worthwhile maneuver …

 

5. File Motion to Recalendar/ Terminate w immigration court ..saying it will be u an opposed by ICE , show I-130 of daughter and eligibility of adjusting as IR parent of USC.

6.  When granted ..court will notify USCIS removal terminated and I-485 will resume.

 

*** If any of above gives you a migraine…hire immigration attorney 

 

[Family 3,988]

16 minutes ago, Family said:

See @Misclouws

Typo. Meant @Misscloud (.?).someone please tag her