I 130 approved

[ivy m 0]

Hello,

 

I'm just trying to help out my aunt and her adult son with down syndrome.

my aunt came here in the US as Legal permanent resident and took with her, her son who is an adult with down syndrome, but he is only visiting visa approved for 6 months. Anyway, 1 yr. past he overstayed. My aunt then petitioned him 01/04/2008, received an approved I130 with priority date 09/26/2007. 

 

the above petitioned has been approved. the petition indicates that the person for whom you are petitioning is in the US and will apply for adjustment of status. the information submitted with the petition shows that the person for whom you are petitioning in not eligible to file an adjustment of status application at this time. 

additional information about eligibility for adjustment of status may be obtained from the local USCIS office serving the area where the person for whom you are petitioning lives.

until the person for whom you are petitioning files an adjustment application or applies for an immigrant visa, this approved petition will be stored in this office. if the person for whom you are petitioning becomes eligible to adjust status based on this petition, he or she should submit a copy of this notice with the form I 485, application for permanent residence. form i 485 may be obtained at the local USCIS office. and so on. 

 

They were advised by a lawyer he needed to go back to the Philippine and process papers there and was afraid of getting barred to come back to due overstaying and at the same time all family members are here in the states. 

 

1. was it not eligible at that time due to processing time and priority dates? 

2. its been 17 years since that, is he eligible to apply for I 485? does it expire? 

 

need advice

 

thank you so much. 

 

[appleblossom 2,816]

1. No, he wasn't eligible back then due to his Priority Date being current. 

2. What's happened since then, nothing? Why didn't they submit his AOS application when his PD became current? 

 

Where is he now?

[manyfudge 291]

One huge issue here - there is no forgiveness for overstay of children over 21 of USC and no forgiveness at all for children of GC holders.

 

1) how old was he when petitioned?  Your dates make no sense - she got a priority date before she filed. 

2) how old was he when she became a U.S. citizen?

 

Brace yourself for bad news.  It is almost certain that his overstay is not forgiven and he cannot adjust from his status.

 

How did your aunt get her GC? I have a feeling that someone gave her bad legal advice. 

 

1 hour ago, appleblossom said:

Where is he now?

Sounds like he overstayed and is now an adult child. 

[ivy m 0]

The january 4, 2008 is the receipt date 

Notice date is October 20,2009

Priority date September 26, 2007

 

My aunt is petitioned by her USC son. My cousin was about 22 that time. 

He is still in the US. 

[manyfudge 291]

26 minutes ago, ivy m said:

aunt is petitioned b

He has no status to adjust from in the US - 22, son of LPR.

 

If he cannot live independently, maybe best for your aunt to become a USC, if not one already and return to the Philippines with him.  Ask for the i130 to be forwarded to the national visa center for processing.  Then wait 10 years. His brother should also file for him if he hasn’t already.

 

The petition became current a long time ago but he never had status to adjust.

and still doesn’t.

 

The best thing to do would probably have been to have your aunt naturalize in 2012-13, leave with him and have serve his ban.

 

 

 

 

[appleblossom 2,816]

33 minutes ago, ivy m said:

The january 4, 2008 is the receipt date 

Notice date is October 20,2009

Priority date September 26, 2007

 

My aunt is petitioned by her USC son. My cousin was about 22 that time. 

He is still in the US. 

 

So did they take any steps after his I-130 was approved? Did they do anything to get him a visa? I can't see how he can adjust now as he's overstayed and is out of status, I'm afraid I think they need to get him back to their home country. But I'd absolutely consult with a lawyer in case there's any kind of exception due to his Down Syndrome.

[ivy m 0]

Thanks for the response. Yes my aunt since then became USC. Unfortunately because of the advice of having to go back home they didn't anything after the approval. So all these yrs passed. Anyway  Yes definitely will consult with a lawyer just wondering if someone with the same case.

 

I'm assuming it's not going to hurt to call USCis right? Or that's just opening a can of worms? 

[appleblossom 2,816]

6 minutes ago, ivy m said:

Thanks for the response. Yes my aunt since then became USC. Unfortunately because of the advice of having to go back home they didn't anything after the approval. So all these yrs passed. Anyway  Yes definitely will consult with a lawyer just wondering if someone with the same case.

 

I'm assuming it's not going to hurt to call USCis right? Or that's just opening a can of worms? 

 

The can of worms has to be opened at some point anyway, unless they want to spend the rest of their lives looking over their shoulders and risk him being detained and deported. They need to take some kind of action to get him legal status, the only question is if there is any way to do that from within the US due to his disability, or if they need to leave the US. 

Edited March 9 by appleblossom

[ivy m 0]

That's what I was telling my aunt. She getting older might as well do it. I saw a topic regarding iNA 245 maybe will ask about it. Thank you so much 

[Boiler 45,761]

9 minutes ago, ivy m said:

That's what I was telling my aunt. She getting older might as well do it. I saw a topic regarding iNA 245 maybe will ask about it. Thank you so much 

How does he qualify for 245i?

 

You said he was petitioned in 2008.

 

As others have said you have to be in status to adjust status.

[ivy m 0]

No, he doesn't qualify. Thanks

 

[ivy m 0]

They were advised to apply for i601a waiver since circumstances for hardship mom is going through some medical crisis and no family outside the states. 

Anyway I'm sure they will be needing immigration lawyer assistance. Just getting some input if they're being advised correctly

 

Thanks

[Boiler 45,761]

I 601a sounds possible

[ivy m 0]

Looking into applying for I 601a provisional waiver of the unlawful presence. if approved, would he still need to go back to home country to apply for AOS? Or he can just continue stay until he gets his LPR?

Thanks!

[Boiler 45,761]

On 3/9/2024 at 3:47 PM, Boiler said:

How does he qualify for 245i?

 

You said he was petitioned in 2008.

 

As others have said you have to be in status to adjust status.

See above