USC father applied i-130 for married son in July 2010

[Sids 0]

Hi everyone:

 

I am asking for some guidance and information for a friend.  His father submitted a I-130 for his married son who had two children as well at the time.  The following is as follows:

 

I-130:

Priority date:  July 29, 2010

Notice of approval date:  October 30, 2013

 

At the time the child and his family were living in Canada.  Now they are residing in the US with an E visa status.  I was confused looking at the visa bulletin for the final action dates vs action dates for preference categories.  I assume there would be no need of NVC at this point since they are residing in the US.  Any clarification and input  would be appreciated.  Trying to get a prediciton of the visa availability dates and next steps such as I-485 or anything we need to notify anyone of such as current status, etc.  thanks in advance

[appleblossom 2,446]

27 minutes ago, Sids said:

Hi everyone:

 

I am asking for some guidance and information for a friend.  His father submitted a I-130 for his married son who had two children as well at the time.  The following is as follows:

 

I-130:

Priority date:  July 29, 2010

Notice of approval date:  October 30, 2013

 

At the time the child and his family were living in Canada.  Now they are residing in the US with an E visa status.  I was confused looking at the visa bulletin for the final action dates vs action dates for preference categories.  I assume there would be no need of NVC at this point since they are residing in the US.  Any clarification and input  would be appreciated.  Trying to get a prediciton of the visa availability dates and next steps such as I-485 or anything we need to notify anyone of such as current status, etc.  thanks in advance

 

They need to go by Table B on the bulletin for when they can submit. How old are the kids now?

 

 

Edited July 10 by appleblossom

[Boiler 45,449]

Where were they born?

[Sids 0]

the kids are 19 1/2 and 15 1/2.  The kids were born in Canada. 

[Boiler 45,449]

I assumed the Parents were not.

[Sids 0]

the parents were not born in Canada but are Canadian citizens living in the United States with the children

[Boiler 45,449]

2 minutes ago, Sids said:

the parents were not born in Canada but are Canadian citizens living in the United States with the children

 

 

What is the point asking if you are unwilling to answer a pertinent question?

 

I can not believe you don't know the answer.

 

All I can suggest is you consult a Lawyer.

[Sids 0]

Sorry I misunderstood the question.  One parent was originally born in Canada. The actual son who is the beneficiary of the I-30 and son of the US citizen parent was born in Pakistan.  The son became a Canadian citizen after marriage to his wife.  They then came to the United States on a business visa.

[Boiler 45,449]

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-august-2024.html

 

I was guessing India and I was wrong. Pakistan is better.

 

Assuming they are still here on an E, E2? not that it matters in maybe 3 or 4 years they can file to adjust.

 

19 1/2 may age out, the younger one should be OK.

 

These dates are my best guess, no way of knowing for sure.

[Sids 0]

Thanks for the reply.  The priority date on the buletin is showing 01 April 2010.  My friends priority date is July 29, 2010.  I saw two charts for the bulletin and could not figure out the difference between the two.  Do you think it would still take 3-4 years?

[Dashinka 24,481]

2 minutes ago, Sids said:

Thanks for the reply.  The priority date on the buletin is showing 01 April 2010.  My friends priority date is July 29, 2010.  I saw two charts for the bulletin and could not figure out the difference between the two.  Do you think it would still take 3-4 years?

It is hard to say particularly with the F3 category.  Many months go by with no changes in the dates on the bulletin, and then it may progress, or regress.

 

Good Luck!

[Noname93 200]

Correct me if I'm wrong, but the table B date looks to be later than their PD, so they could file I-485, assuming their E visa keeps them in status until adjustment of status is approved.

Edited July 10 by Noname93

[nastra30 2,284]

@Sids, your friend's dad can file adjustment of status for the whole family immediately using chart B, assuming they are still in legal status. Good luck.

Edited July 11 by nastra30