Fired Attorney!! Want to Apply I-130 as Citizen..Questions!!

[SimSara 0]

Hello everyone.

Today I fired my attorney and would like to do this on my own (with the help of all of you, of course!!) Originally she filed an I-130 as a Resident (LPR) for my wife and stepson on 07/2008. I became a Citizen in 02/2009, supposably she upgraded to Citizen in February 2009 but to this day I have no notices from USCIS or any other agency stating it has been upgraded. I have called USCIS, NVC, and have also gone to an InfoPass with no luck. No one has info about my case except that the I-130 was filed in July 2008.

My question is, if I file a new I-130 as a Citizen, do I have to cancel the old I-130? If I do have to, how do I go about doing this?

It has been over a year since I applied as a resident and all I got was NOA 1. It has not been approved and I have no proof that it has been upgraded.

I would like to file an I-130 for my wife and one for my stepson and take the CR-1 route.

In September it will be one year without my wife and two kids.

All help will be highly appreciated.

Thank you.

[Pooh and Piglet 0]

Hello everyone.

Today I fired my attorney and would like to do this on my own (with the help of all of you, of course!!) Originally she filed an I-130 as a Resident (LPR) for my wife and stepson on 07/2008. I became a Citizen in 02/2009, supposably she upgraded to Citizen in February 2009 but to this day I have no notices from USCIS or any other agency stating it has been upgraded. I have called USCIS, NVC, and have also gone to an InfoPass with no luck. No one has info about my case except that the I-130 was filed in July 2008.

My question is, if I file a new I-130 as a Citizen, do I have to cancel the old I-130? If I do have to, how do I go about doing this?

It has been over a year since I applied as a resident and all I got was NOA 1. It has not been approved and I have no proof that it has been upgraded.

I would like to file an I-130 for my wife and one for my stepson and take the CR-1 route.

In September it will be one year without my wife and two kids.

All help will be highly appreciated.

Thank you.

You won't get any notice about the upgrade. This is why you need to follow up. You should be able to get enough information via an Infopass to give yourself a warm-fuzzy that the upgrade did indeed happen. Ask for the history at the Infopass. If the history shows movement, then the application is likely in process. (example: application moved to I-130 Adjucation Room) It might be prudent to call the 800 number and Fax in the upgrade request again right away as getting an Infopass may take some time. (worst that can happen is that it wasn't necessary)

P.S. Note that the Fax number is always busy. Verify the fax went through.

Edited August 5, 2009 by Pooh and Piglet

[daboyz 36]

Hello everyone.

Today I fired my attorney and would like to do this on my own (with the help of all of you, of course!!) Originally she filed an I-130 as a Resident (LPR) for my wife and stepson on 07/2008. I became a Citizen in 02/2009, supposably she upgraded to Citizen in February 2009 but to this day I have no notices from USCIS or any other agency stating it has been upgraded. I have called USCIS, NVC, and have also gone to an InfoPass with no luck. No one has info about my case except that the I-130 was filed in July 2008.

My question is, if I file a new I-130 as a Citizen, do I have to cancel the old I-130? If I do have to, how do I go about doing this?

It has been over a year since I applied as a resident and all I got was NOA 1. It has not been approved and I have no proof that it has been upgraded.

I would like to file an I-130 for my wife and one for my stepson and take the CR-1 route.

In September it will be one year without my wife and two kids.

All help will be highly appreciated.

Thank you.

You won't get any notice about the upgrade. This is why you need to follow up. You should be able to get enough information via an Infopass to give yourself a warm-fuzzy that the upgrade did indeed happen. Ask for the history at the Infopass. If the history shows movement, then the application is likely in process. (example: application moved to I-130 Adjucation Room) It might be prudent to call the 800 number and Fax in the upgrade request again right away as getting an Infopass may take some time. (worst that can happen is that it wasn't necessary)

Problem is with the G-28 on file, USCIS and NVC will be corresponding with the attorney. I've never read about anyone here withdrawing the G-28 and the consequences that would cause. I was given a courtesy NOA1 and NOA2 from USCIS, but I never received anything at all from NVC concerning the I-130, thanks to having an attorney. All correspondence went to them.

They way I understand it, USCIS will approve the I-130 even if you are LPR. The file will then sit at NVC waiting unless you gain citizenship. Then you can upgrade. Do you have an NVC case number? Seems like if you have that you should be able to talk to NVC. They are usually pretty helpful. USCIS is pretty hard to deal with.

[Pooh and Piglet 0]

They way I understand it, USCIS will approve the I-130 even if you are LPR.

Since the last few years they don't process LPR petitions until a few months before a visa is available. (actually I read that they might change this a little this year and start processing them sooner as they have some resources freed up)

You need to figure out how to get the attorney off the case records (as mentioned) so you can receive the correspondence. Maybe somone else can help with that. Regardless of attorney situation, nothing stops you from making an Infopass and checking on your own case. At least you can find out if the case was ever upgraded and if approved they can print you out a copy.

[godfrey 0]

Hello everyone.

Today I fired my attorney and would like to do this on my own (with the help of all of you, of course!!) Originally she filed an I-130 as a Resident (LPR) for my wife and stepson on 07/2008. I became a Citizen in 02/2009, supposably she upgraded to Citizen in February 2009 but to this day I have no notices from USCIS or any other agency stating it has been upgraded. I have called USCIS, NVC, and have also gone to an InfoPass with no luck. No one has info about my case except that the I-130 was filed in July 2008.

My question is, if I file a new I-130 as a Citizen, do I have to cancel the old I-130? If I do have to, how do I go about doing this?

It has been over a year since I applied as a resident and all I got was NOA 1. It has not been approved and I have no proof that it has been upgraded.

I would like to file an I-130 for my wife and one for my stepson and take the CR-1 route.

In September it will be one year without my wife and two kids.

All help will be highly appreciated.

Thank you.

i was in same boat as you,i never used lawyer filed as LPR and when i got my citizenship i sent copy of my certificate by fax /mail/and called in to upgrade -which ever worked i dont know,But i got upgrade request granted email and mail .and from there since i had all my wifes documents with me i was fighting to keep up with their speed.

Fact no need for lawyer if you need your process smoth and fast ,

Edited August 5, 2009 by godfrey

[SimSara 0]

They way I understand it, USCIS will approve the I-130 even if you are LPR.

Since the last few years they don't process LPR petitions until a few months before a visa is available. (actually I read that they might change this a little this year and start processing them sooner as they have some resources freed up)

You need to figure out how to get the attorney off the case records (as mentioned) so you can receive the correspondence. Maybe somone else can help with that. Regardless of attorney situation, nothing stops you from making an Infopass and checking on your own case. At least you can find out if the case was ever upgraded and if approved they can print you out a copy.

Thanks for the replies. I had already gone to an InfoPass but was not given any info. I just made another appoinment for tomorrow, but this time I'll talk to a supervisor if I have to. I think the person who looked at my case before was filling in for someone, because it seemed like they knew very little.

I am also going to ask them how I can remove my ex-lawyer from my case.

Your case is very similar to mine, even the dates of filing and becoming Naturalized are almost the same. I am going to do as you did. Do you have the Fax number or tell me where I can get it?

Thank you

[SimSara 0]

Hello everyone.

Today I fired my attorney and would like to do this on my own (with the help of all of you, of course!!) Originally she filed an I-130 as a Resident (LPR) for my wife and stepson on 07/2008. I became a Citizen in 02/2009, supposably she upgraded to Citizen in February 2009 but to this day I have no notices from USCIS or any other agency stating it has been upgraded. I have called USCIS, NVC, and have also gone to an InfoPass with no luck. No one has info about my case except that the I-130 was filed in July 2008.

My question is, if I file a new I-130 as a Citizen, do I have to cancel the old I-130? If I do have to, how do I go about doing this?

It has been over a year since I applied as a resident and all I got was NOA 1. It has not been approved and I have no proof that it has been upgraded.

I would like to file an I-130 for my wife and one for my stepson and take the CR-1 route.

In September it will be one year without my wife and two kids.

All help will be highly appreciated.

Thank you.

i was in same boat as you,i never used lawyer filed as LPR and when i got my citizenship i sent copy of my certificate by fax /mail/and called in to upgrade -which ever worked i dont know,But i got upgrade request granted email and mail .and from there since i had all my wifes documents with me i was fighting to keep up with their speed.

Fact no need for lawyer if you need your process smoth and fast ,

How long did it take you to find out you where upgraded and how did you find out?

Thank you.

[godfrey 0]

How long did it take you to find out you where upgraded and how did you find out?

Thank you.

i got mail from uscis and it took like week to get it are you already a citizen ?? if so something is wrong i would advise be crazy fax /call to upgrade /send regualr mail they will reply to one ,forget about filing again or checking status of earlier upgrade ,when you call them just tell them you need to upgrade your case ,they take your details plus email then you get email to send certificate but since you already sent process kicks from there

check my signature show my whole timeline

[Pooh and Piglet 0]

Do you have the Fax number or tell me where I can get it?

Call the USCIS 800 number, preferably talk to an IO (not a CS) and they will give it to you. I faxed mine to the attention of the IO, so you probably have to call first.

[SimSara 0]

Hello everyone.

Today I fired my attorney and would like to do this on my own (with the help of all of you, of course!!) Originally she filed an I-130 as a Resident (LPR) for my wife and stepson on 07/2008. I became a Citizen in 02/2009, supposably she upgraded to Citizen in February 2009 but to this day I have no notices from USCIS or any other agency stating it has been upgraded. I have called USCIS, NVC, and have also gone to an InfoPass with no luck. No one has info about my case except that the I-130 was filed in July 2008.

My question is, if I file a new I-130 as a Citizen, do I have to cancel the old I-130? If I do have to, how do I go about doing this?

It has been over a year since I applied as a resident and all I got was NOA 1. It has not been approved and I have no proof that it has been upgraded.

I would like to file an I-130 for my wife and one for my stepson and take the CR-1 route.

In September it will be one year without my wife and two kids.

All help will be highly appreciated.

Thank you.

i was in same boat as you,i never used lawyer filed as LPR and when i got my citizenship i sent copy of my certificate by fax /mail/and called in to upgrade -which ever worked i dont know,But i got upgrade request granted email and mail .and from there since i had all my wifes documents with me i was fighting to keep up with their speed.

Fact no need for lawyer if you need your process smoth and fast ,

Yes, I am a Citizen, I just did my case timeline in my signature.

Do you have the address where you mailed it to? Do you also have the fax number where you faxed it to?

Thank you.

[so2008 0]

My Advice to anyone who filed I-130 for their spouses when he/she was an LPR is to upgrade their cases and send I-129f form so the I-130 could be moved forward. Do not waste your time with infopass you will need to send I-129f ASAP if you want you I-130 to be approved.

Edited August 5, 2009 by so2008