i'm a bit ignorant with the immigration process, so pls bare with my questions..

my dad and my brother's case was just approved on April 10. Will we be getting a mail with their case number? Like MNL200xxxxxx??

coz i know that I-130 gives case numbers when it's approved and being sent to NVC, just not sure if I-824 does the same thing..

coz my brother will be turning 21yrs old first week of June. When my mom's lawyer applied my dad and brother's I-824, he attached a letter requesting to expedite my brother's petition coz of aging out. What's the next step upon approval of I-824? Does my dad have to call the US Embassy in his country to inform them about my brother's aging out? coz in I-130, i know that you can't request your case to be expedited unless you have a visa number available. Will that be the same with an I-824 case??

We're really worried coz we have almost less than 2 months left before my brother ages out.

I hope somebody can help me.. thanks..

as soon as the case enters the NVC SYSTEM which is w/in a week or two they will give you your MNL CASE # but i suggest you call the NVC rather than waiting for a letter from them through snail mail.

so I-824 also goes through the NVC??

coz when my mom spoke to a lady in the uscis months ago, she advised my mom to apply I-824 instead of I-130 coz the latter application goes to NVC after approval so it'll take longer for the petition, whereas the I-824 doesn't go through NVC..

that's why i'm confused coz idk the process for I-824

Hello There,

I guess it all depends on whether the petition (I-130) was filed for your dad and your brother was a dependant on that same petition or if there were two different petitions for your dad and your brother. In the first case, your brother is apparently subject to the aging out policy however if your brother had his own I-130 filed then he is not subject to the aging out policy.

my mom filed two petitions to my brother an I-130 (only him) and I-824 (w/ my dad). The I-130 was filed last sept, and for months we haven't gotten the NOA1, so my mom called the uscis to ask. The lady advised her to file I-824 since that would be faster and my brother wouldn't need to wait for a visa number to become available. She also said that filing two petitions wouldn't matter.

Anyhow, both I-130 and I-824 were approved, but what we are concentrating on right now is the I-824. coz even though my brother's I- 130 was approved, the NVC can't do anything unless a visa for my brother becomes current. I've already called them up regarding expediting my bro's case and that's all they said. So for now, our only hope is the I-824.

You haven't stated if your mother is US Citizen or Permanent Resident. If PR, the wait for husband and unmarried minor (F2A) or adult children (F2B) is long for Phillipines.

I-824 is not a new case. It's a form used to request status of the original petition, which you said was recently approved in April. Since Sept '07 to Apr '08 was a short time, Child Status Protection Act (CSPA) will help reduce the age by a few months - not enough for situations where visa won't be available for another 5 years.

If she is US citizen, the wait for your brother will be even longer. If she hasn't become a US citizen, she should not.

I-824 will not prevent your brother from aging out. However, if you want to read more about CSPA, see my article, which is pinned at the top of this forum:
http://www.visajourney.com/forums/index.php?showtopic=110854

If it was that easy to work the immigration system by filing I-824 to bypass aging out of children, everyone would be doing it. Not so.

Regards,

Sanjiv Patel

ehytee7,

A minor correction on the use of I-824. I previously stated that I-824 is used to request "status" of the original petition. However, it's used to request further "action" on a previously approved petition or application. I-824 is not for verifying status of a pending petition/application.

If your mother recently adjusted status to Legal Permanent Resident, then she can use this form to tell the consulate to schedule immigrant visa for her remaining family members. In this case, it is worth to file for expedited processing because your brother would otherwise age out.

Is your mother in this latter situation?

You can read more at: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Regards,


Sanjiv Patel

^ sorry for not clearing my mom's status. my mom is a permanent resident.

actually, just a few weeks ago my dad called the us embassy in our country to ask regarding the next steps after the approval of their I-824. The lady told him to fax the approval letter and some documents to them. My dad included a cover letter stating again that my brother will be aging out.

Yesterday, my dad received a letter requesting him to pick up the appointment letter/packet. So, they just need some documents from my mom like Affidavit of Support, etc.. and go through medical check ups.. their interview in the us embassy doesn't have a time or date. it just says walk-in from 7am. i guess, because of my brother's aging out that they didn't wrote down a specific time for the interview.

hopefully, everything goes well that my dad and brother may leave by 1st week of June.

and I-130 was filed last September (Sep 2007)?

Is that correct? If it is, the response your father got from the embassy is wrong. There will not be an interview before the priority date (I-130 filed) becomes current, i.e. before an immigrant visa number is available to your brother and father, and for that to happen it will take years... It seams to me that the embassy assumed your mother is US citizen, so immig. visa numbers are available.

yes, I-130 was filed last Sept07 but since it took months that we haven't gotten any NOA1, my mom called the uscis. a lady suggested we file I-824 since it will be faster and that it would not affect the I-130 that was currently filed during that time.

Right now, both the I-130 and I-824 were approved. But the interview that they got from the embassy was not for the I-130, but for the I-824. I-824 is under consular processing so i guess, it's faster than the I-130. That's what the lady in the uscis also mentioned to us.

I don't know if they made a mistake of assuming my mom is a US citizen, coz the embassy in our country asked my father to fax my mom's permanent resident card and other immigration documents before my dad was requested to pick up the appointment letter.

That would be the best scenario...

ehytee7, pls keep us updated. I am courios to learn how it will work out... hoping for the best.

^ my dad and brother just finished their medical two days ago. Instead of sending the results to the us embassy, their results were given to them in a sealed envelope, and there was a note outside that my brother will be turning 21 yrs old and his date of birth.

Today, they went to the us embassy to have their walk-in interview taken. Actually, my dad was still skeptical about it coz they just requested for my brother's Certificate of No Marriage. He didn't know it was required until the last minute. He decided not to wait for the CENOMAR and just go straight for the interview and tell the consul that they would just forward it to them whenever it arrives.

Luckily, the lady who checked their documents prior to the interview told my dad that the CENOMAR isn't that important anyways. The consul did not asked for it either. Mostly the questions that they asked my dad were all about my mom. How she got her work permit, how she was able to get a petitioner, etc...

They were approved.. Thank God!!! They are expected to come here first week of June.

Something is not right here.