Visa Bulletin Questions

[Dr Mirage 0]

Hi Everyone.

I have a question if anyone can help.

My brother's who is from the Philippines with a F2B Priority Date is almost available on http://travel.state.gov/visa/frvi/bulletin/bulletin_4805.html

For May 2010, USCIS is already processing November 15, 1998.

My brother's priority date is November 17, 1998.

I would like to ask if there is a deadline on when he can apply for the I-485 in the US.

He has a current tourist visa and can come to the US as a tourist legally.

Thank you.

[milimelo 4,503]

Hi Everyone.

I have a question if anyone can help.

My brother's who is from the Philippines with a F2B Priority Date is almost available on http://travel.state....letin_4805.html

For May 2010, USCIS is already processing November 15, 1998.

My brother's priority date is November 17, 1998.

I would like to ask if there is a deadline on when he can apply for the I-485 in the US.

He has a current tourist visa and can come to the US as a tourist legally.

Thank you.

Why would you want to go through AOS when he can finish everything and fast through the embassy? I am sure he'd more like to have a green card on arrival in US than having to wait for it for months through AOS.

[aleful 1,905]

Why would you want to go through AOS when he can finish everything and fast through the embassy? I am sure he'd more like to have a green card on arrival in US than having to wait for it for months through AOS.

1) he's still not elegible, possibly in June his priority date will become current

2) he doesn't qualify to adjust in country. siblings have to go through consular processing. the petitioner will be contacted by the NVC for the next step. Tell him not to come he cannot adjust status in the US.

[Dr Mirage 0]

Thank you for your reply.

The reason why I am asking is because we spoke with two lawyers and they said that he can adjust in the US by the

I-485.

One lawyer is in Guam, this is where we filed the I-130 back in 1998, he says he can file in Guam also but it will require us 3 trips. (1st filing; 2nd finger printing after 1 month then 3rd is for the interview)

Another lawyer in California says he can adjust here without an interview.

Our family prefers for him to adjust in the US, because his immediate family all lives in the US.

I'm somewhat confused with how this goes because unlike my wife who I filed for the I-129F (Fiance Visa) there was so much information here in Visa Journey, but for my brother's case, I cannot find much direct resources.

[aleful 1,905]

Thank you for your reply.

The reason why I am asking is because we spoke with two lawyers and they said that he can adjust in the US by the

I-485.

One lawyer is in Guam, this is where we filed the I-130 back in 1998, he says he can file in Guam also but it will require us 3 trips. (1st filing; 2nd finger printing after 1 month then 3rd is for the interview)

Another lawyer in California says he can adjust here without an interview.

Our family prefers for him to adjust in the US, because his immediate family all lives in the US.

I'm somewhat confused with how this goes because unlike my wife who I filed for the I-129F (Fiance Visa) there was so much information here in Visa Journey, but for my brother's case, I cannot find much direct resources.

not all lawyers tell the truth. siblings do not qualify to adjust in country. as well as older children of a USC and spouses and children of LPResidents. They aren't telling the truth because everyone has an interview. He will have an interview.

My mom is a USC, I was able to adjust in country because I entered the US in 1999 and in 2001, there was a law called 245i, that those had entered before Dec 20th, 2000 and had no legal problems could adjust in country by paying a fine. If that law hadn't appeared, I would have had to go through consular process. I had my interview and my mom was present.

you will see in a few months when the NVC contacts your parents to continue the next step through consular processing. His case is at the NVC, not at the local office.

[Dr Mirage 0]

This is what I have read from http://www.allhod.com/family_based.shtml

"There is a two-step process in family based cases. First, the U.S. sponsor files an immigrant relative petition called an I-130 with Citizenship and Immigration Services (CIS, formerly the INS). After the petition is approved and the priority date becomes current, the foreign relative can apply to a U.S. consulate abroad for an immigrant visa. If the foreign relative is already in the U.S. in a legal status, the relative can file an I-485 to adjust status to that of a permanent resident, without leaving the United States. (If you are not in legal status, you may still be able to adjust status - see a lawyer!) In the case of an immediate relative in the U.S., both the I-130 and the I-485 can be filed at the same time through the National Benefits Center. After processing, they are referred to the district offices for an interview."

I'm actually very confused about how the proceedings will begin. I will have to speak to the lawyer personally.

All I know is that my brother's F2B priority date is November 18, 1998 and for the May 2010 Visa Bulletin it says November 15, 1998. (Philippines)

Our family has been waiting for this for almost 12 years and we're not very sure how to proceed.

We would like as much as possible have him apply for his GC in the US because his family is here.

He does travel to the US and back to the Philippines often because he isn't allowed to stay more than 6 months with his tourist B1/B2 Visa.

If he does apply in the Philippines, we know that no one can help him work on his papers because most of his family is here.

Thanks for your response again.

not all lawyers tell the truth. siblings do not qualify to adjust in country. as well as older children of a USC and spouses and children of LPResidents. They aren't telling the truth because everyone has an interview. He will have an interview.

My mom is a USC, I was able to adjust in country because I entered the US in 1999 and in 2001, there was a law called 245i, that those had entered before Dec 20th, 2000 and had no legal problems could adjust in country by paying a fine. If that law hadn't appeared, I would have had to go through consular process. I had my interview and my mom was present.

you will see in a few months when the NVC contacts your parents to continue the next step through consular processing. His case is at the NVC, not at the local office.

Edited April 18, 2010 by Dr Mirage

[aleful 1,905]

This is what I have read from http://www.allhod.com/family_based.shtml

"There is a two-step process in family based cases. First, the U.S. sponsor files an immigrant relative petition called an I-130 with Citizenship and Immigration Services (CIS, formerly the INS). After the petition is approved and the priority date becomes current, the foreign relative can apply to a U.S. consulate abroad for an immigrant visa. If the foreign relative is already in the U.S. in a legal status, the relative can file an I-485 to adjust status to that of a permanent resident, without leaving the United States. (If you are not in legal status, you may still be able to adjust status - see a lawyer!) In the case of an immediate relative in the U.S., both the I-130 and the I-485 can be filed at the same time through the National Benefits Center. After processing, they are referred to the district offices for an interview."

I'm actually very confused about how the proceedings will begin. I will have to speak to the lawyer personally.

All I know is that my brother's F2B priority date is November 18, 1998 and for the May 2010 Visa Bulletin it says November 15, 1998. (Philippines)

Our family has been waiting for this for almost 12 years and we're not very sure how to proceed.

We would like as much as possible have him apply for his GC in the US because his family is here.

He does travel to the US and back to the Philippines often because he isn't allowed to stay more than 6 months with his tourist B1/B2 Visa.

If he does apply in the Philippines, we know that no one can help him work on his papers because most of his family is here.

Thanks for your response again.

I'm not sure if that apply's with a tourist visa. It would apply if he had a student visa and he were studying here in the US, or he had a work visa, such as the H1B. since the person would be here legally studying or working, then he could adjust in country. I cannot guarantee that he could adjust status with a tourist visa. Unless the person has legal status, children over 21 don't qualify to adjust in country, they aren't immediate family

His parents will recieve the paperwork from the NVC, so I don't know how he will go about that. His priority date should beocme current in June.

I'm sorry for the confusion. He will have an interview.

[kokobearus 4]

What should u do is call the USCIS or make an infopass. It says that if your IR is here legally,he can file gor 1485 so i think your brother can do that cause he is here legally.

[CinthiaFL717 1]

Good Morning:

I'm trying to help a friend of mine. He is LPR filed I130 petition for his son over 21 yrs old, I797C shows receipt date Oct 2002, approved petition was received on 2005, his son ovestayed with tourist visa since 2004, now that petition is current he wants to know if his son should apply for adjustment of status? In the other hand his mom who is a USC filed also filed petition for him on Dec. 2008 and petition was also approved since 2010, petition is not yet current since is F1 category.

Please advice what he can do?

[aleful 1,905]

Good Morning:

I'm trying to help a friend of mine. He is LPR filed I130 petition for his son over 21 yrs old, I797C shows receipt date Oct 2002, approved petition was received on 2005, his son ovestayed with tourist visa since 2004, now that petition is current he wants to know if his son should apply for adjustment of status? In the other hand his mom who is a USC filed also filed petition for him on Dec. 2008 and petition was also approved since 2010, petition is not yet current since is F1 category.

Please advice what he can do?

he can't adjust status, he will go through consular processing. the NVC will contact your friend to continue the process. if he leaves, he will be banned for 10 years. he will need to file a waiver and your friend will have to present the hardship letter.

Edited October 28, 2010 by aleful