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I130 petition approved now what?,lost:(

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serg602

Junior Member
What is the name of your state? Arizona....

Well i been living in the U.S about 98percent of my life and i was recently approved of petition I130-immigrant petition for relative,unmarried child under 21 of permanent resident,203(a)(2)(A)INA
and i recieved a I-747.,now what do we do?..,....

do i fill out form I-485?
Do i wait for someone to contact me? such as US consulate?
im geussing since im already living in the US i can file I-485 but im not sure and that is my confusion,any help is greatly appreciated.
 


ImmigAttyLana

Senior Member
How old are you now? Are you still under 21? What is your current immigration status in the US? Are you lawfully here? You can only apply for adjustment of status if you are lawfully in the US and still in the same category as you were in at the time the petition was filed on your behalf.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

serg602

Junior Member
hey lana

hi lana
well i lived in Az since kindergarden and im now 21 years old,my priority date is April 30,2001.and i can prove i been living here in the U.S since i was 4-6years old.i was told to carry a copy of the approved petition which was the I-797,and not leave the country ,also USCIS knows im in the country..my country of origin is mexico by the way and my mom is a permanent resident,i was also told i was lawfully here still and that i shouldnt commit any crimes or such of course

so do i wait for NVC to contact me?or file I-485 now?or what should i do,sometimes all this waiting can be frustrating:/ thx lana
 

ImmigAttyLana

Senior Member
That's all true. You are here and you are protected under Section 245 because of your filing date and your physical presence in the US, but if you are now OVER 21 then you have automatically changed into the next family-based preference category and can no longer adjust status as a child under 21 of a lawful permanent resident.

If you are a Mexican by birth, then you need to look at the visa bulletin for this family-based preference category for Mexico. For the original preference category under which your mother filed, the current priority date being processed is November 1998. FOr the preference category into which you have now fallen by virtue of having turned 21 is January 1992. THat means that you cannot do anything nor will the NVC contact you for anything UNTIL the visa priority date for your family-based preference category becomes current.

If your mother becomes a US citizen, you will be eligible for an upgrade to the 1st family-based preference category, for which the currently processed visa priority date is January 1994.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

serg602

Junior Member
so what can i do lana?

So your basically telling me that i have to wait a long long long time ?:(
that thing that sucks about this is that i need income of my own,id,etc.and living like this for another 5plus years would be hell.Do u think hiring an immigration attorney would be of any help,or asking for a case hearing in immigration court?

Also if i get my bachelors degree in biomedical engineering,would it simply go to waste because im not allowed to work?..finding out that i couldnt use it after i received it would discourage me,sucks alot..is there any loopholes or any hopes that i would be allowed to work,or simply get a state id in az since my priority date would be so distant?any temporary working visas?,etc...:(...thanks for your time lana,very much appreciated
 

ImmigAttyLana

Senior Member
Unfortunately there is not much that can be done about this petition. An attorney will not be able to expedite it. There can be no immigration court hearing on the case, and you are not eligible for employment authorization even though you have an education, etc.

The only possible way to expedite matters might be through a valid marriage to a US citizen by using the original priority date established by your mother's petition on your behalf.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney
 

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