I-130 approved...but not sure what to do

[samj 0]

my mother is a citizen and she applied for me. i'm over 21. my I-130 was approved in Feb 2005. The USCIS website says that if my approval date is prior to the current processing date, which i believe is july 2007, that i should call the USCIS customer service. just wondering what is supposed to happen once i call. i haven't had great luck with lawyers and quite frustrated. thanks for any help.

Edited June 5, 2009 by samj

[YuAndDan 153]

Moving this to "Bringing Family members of US citizens forum", you are not adjusting status and cannot adjust status from that class of visa.

It it was approved, then contact NVC for status.

202-663-1225 http://travel.state.gov/about/info/info_308.html#visa

[aaron2020 11,652]

my mother is a citizen and she applied for me. i'm over 21. my I-130 was approved in Feb 2005. The USCIS website says that if my approval date is prior to the current processing date, which i believe is july 2007, that i should call the USCIS customer service. just wondering what is supposed to happen once i call. i haven't had great luck with lawyers and quite frustrated. thanks for any help.

The approval date is irrelevant. What is your Priority Date (PD) - the date that USCIS received the I-130 petition for you? If you are unmarried, then you are in the F1 family preference category. Only those with a current PD are eligible for a visa. The current PD is Nov. 8, 2002 for most of the world. It is October 8, 1992 for Mexicans, and September1, 1993 for Filipinos. See the visa bulletin;

http://travel.state.gov/visa/frvi/bulletin...letin_4497.html

[samj 0]

my priority date is jan of 2003 so i guess i'm not eligible yet. but i was wondering if i would be able to get a work permit in the mean time. i just want to be able to work. i don't mind waiting for my residency papers. if i file for I-765 now, would i be able to get permission to work?

[aaron2020 11,652]

my priority date is jan of 2003 so i guess i'm not eligible yet. but i was wondering if i would be able to get a work permit in the mean time. i just want to be able to work. i don't mind waiting for my residency papers. if i file for I-765 now, would i be able to get permission to work?

You will not qualify for a work permit. Having an i-130 petition approved does not grant you any immigration rights. An employment visa is very hard to get. Generally, an employer has to prove that an American resident is not available for the job before the employer can petition for a foreign worker. Even then, it is very tough - generally only very highly skilled workers get H1-B visas. It cost the employers thousands of dollars to get a work visa for a foreign employee.

What country are you from? Are you here illegally right now?

Edited June 9, 2009 by aaron2020

[samj 0]

yes, unfortunately i am here illegally. i wish there was a way for me to just work. if the visa center is processing cases before Nov. 8, 2002 and my PD is Jan. 6, 2003....about how long will it take for my PD to become current?

[aaron2020 11,652]

yes, unfortunately i am here illegally. i wish there was a way for me to just work. if the visa center is processing cases before Nov. 8, 2002 and my PD is Jan. 6, 2003....about how long will it take for my PD to become current?

Probably in 2 months. Your mother or her attorney should be receiving the Immigration Visa bill any day now.

However, you got a big problem. You cannot seek to benefit from US immigration laws while violating it by being illegal at the same time. You need to contact an attorney. As you are over 18 years old, you may be subject to a ban from the US. I don't think anyone here on this board can help you with this very big problem.

[cdnabroad 0]

This link should help you in terms of timelines, and what to do.

My PD is Jan 2003 as well.

http://www.visajourney.com/forums/index.php?showtopic=199707

I am not in the US, so I some what understand how my case will progress, but if you are there illegally, I don't know how it works. . .