LPR FOR SON UNDER @! ALREADY IN US

[mkturd 0]

my parents won the dv lottery of which i was a beneficiary. but when they went for their interview i was in the us on an F1 visa. when they arrived uscis said they only way i could become a lpr was if my mum filled I-130 for me.

so this was filled and the priority date is december 06,2010. and the prefernce classification is 203 A2A INA MINOR CHILD OF LPR. well i was 20 when this was filled and am about to be 21 come september.when should i expect to get my green card :(

[easyjourney 2]

my parents won the dv lottery of which i was a beneficiary. but when they went for their interview i was in the us on an F1 visa. when they arrived uscis said they only way i could become a lpr was if my mum filled I-130 for me.

so this was filled and the priority date is december 06,2010. and the prefernce classification is 203 A2A INA MINOR CHILD OF LPR. well i was 20 when this was filled and am about to be 21 come september.when should i expect to get my green card :(

I'll tell you my case and you can decide if it's helpful or irrelevant! Mi mom came with a visitor visa, ones she was here I filled a I-130 and also an I-485 which is to adjust status... Everything went great... she got her green card in 4 months!! You are already very lucky... but good luck anyways!!

[mkturd 0]

thanks but she filled on I-130 for me with the hope the when it approved we file I-485....did we do this wrong??

[easyjourney 2]

thanks but she filled on I-130 for me with the hope the when it approved we file I-485....did we do this wrong??

I think if you send them together it's faster, but i'm not sure if it applies in your case (in my case I was a citizen petitioning a parent with legal entry). What I would recommend is you or your parents to make an infopass appointment and ask a uscis officer... It has worked for me! just make sure you have a list of questions to ask, and be extra courteous! lol

[aleful 1,905]

thanks but she filled on I-130 for me with the hope the when it approved we file I-485....did we do this wrong??

no they can't. that would be possible if your parents were USC, meaning citizens. when a LPR files for children, it takes many years of waiting until your priority date becomes current.

A child of a LPR isnt an immediate relative, and there are many years of waiting until the priority date becomes current.

I'm not sure if they can keep you in the category of children under 21, they might change you to the category of unmarried children over 21, which would take many more years of waiting.

also, unless you can keep your F1 legal at all times for all those years of waiting, you'll have to return to your country and go through consular processing.

you cannot overstay any kind of visa, children of LPR cannot adjust in country, unless they are legally in the country with a visa.

Edited April 8, 2011 by aleful

[JimVaPhuong 4,863]

my parents won the dv lottery of which i was a beneficiary. but when they went for their interview i was in the us on an F1 visa. when they arrived uscis said they only way i could become a lpr was if my mum filled I-130 for me.

so this was filled and the priority date is december 06,2010. and the prefernce classification is 203 A2A INA MINOR CHILD OF LPR. well i was 20 when this was filled and am about to be 21 come september.when should i expect to get my green card :(

If your parents won the DV lottery in 2010 then you would have had until the end of the 2010 fiscal year to obtain your visa number as a DV lottery derivative. You COULD have obtained a visa number and adjusted status while you were in the United States, provided your parents listed you on the DV lottery application and included the necessary supporting documents for you. Anyway, that's water under the bridge now. It's too late for you to adjust as a DV lottery derivative.

Family preference category 2A has an annual quota, and there are many people in line ahead of you. The current wait is about 4 years. You'll be over 21 by then, and no longer eligible for category F2A. You'll be eligible for F2B, and the wait in that category is currently about 8 years. If you are still in the US at that time, and if your non-immigrant status is current (i.e., you haven't overstayed your visa) then you can apply to adjust status.

I'll tell you my case and you can decide if it's helpful or irrelevant! Mi mom came with a visitor visa, ones she was here I filled a I-130 and also an I-485 which is to adjust status... Everything went great... she got her green card in 4 months!! You are already very lucky... but good luck anyways!!

Offering wrong advice is often worse than offering no advice.

[mkturd 0]

SO IF IT GOING TO TAKE THAT LONG....WHAT HAPPENS WHEN I GET MARRIED TO US CITIZEN?DOES THAT MEAN I CANT FILE ANOTHER I-130?

[aleful 1,905]

SO IF IT GOING TO TAKE THAT LONG....WHAT HAPPENS WHEN I GET MARRIED TO US CITIZEN?DOES THAT MEAN I CANT FILE ANOTHER I-130?

a person can have more than one petition on their behalf.

[mkturd 0]

a person can have more than one petition on their behalf.

If i am understanding you my 1st I-130 will noot affect the decision on my 2nd 1 right?

[aleful 1,905]

If i am understanding you my 1st I-130 will noot affect the decision on my 2nd 1 right?

correct, they are 2 separate cases and will go through different avenues.

[easyjourney 2]

a person can have more than one petition on their behalf.

Again... Make an app at infopass and ask them directly. I really think you could still file the I-485. They may not give you an straight forward answer, but they give you info to make your own choices... The way I see it: the worse thing that could happen is that your I-485 is returned!!!

With respect to getting married I also came as an f1 and as long as you are here legally, you are truly getting married and follow directions, you should be able to get your green card in three years. Mean while you are pending and can lawfully stay in the country untill you bacone a LPR. That paperwork my husband did it Just with the help of the USCIS officers we got to talk every time we made an infopass appointment! Yes we made some mistakes and got to resent some forms, but everything went great for us!! That was 8 years ago!

Another thing I've learned is that you should not get discouraged... There is a way! Just find it!

[aleful 1,905]

Again... Make an app at infopass and ask them directly. I really think you could still file the I-485. They may not give you an straight forward answer, but they give you info to make your own choices... The way I see it: the worse thing that could happen is that your I-485 is returned!!!

With respect to getting married I also came as an f1 and as long as you are here legally, you are truly getting married and follow directions, you should be able to get your green card in three years. Mean while you are pending and can lawfully stay in the country untill you bacone a LPR. That paperwork my husband did it Just with the help of the USCIS officers we got to talk every time we made an infopass appointment! Yes we made some mistakes and got to resent some forms, but everything went great for us!! That was 8 years ago!

Another thing I've learned is that you should not get discouraged... There is a way! Just find it!

children of LPR aren't considered immediate familiy, they go through consular processing. they aren't elegible because he has to wait until the priority date becomes current in about 4 years. he cannot file concurrently the i130 and i485.

read the guides first before you say anything.

[JimVaPhuong 4,863]

Again... Make an app at infopass and ask them directly. I really think you could still file the I-485. They may not give you an straight forward answer, but they give you info to make your own choices... The way I see it: the worse thing that could happen is that your I-485 is returned!!!

With respect to getting married I also came as an f1 and as long as you are here legally, you are truly getting married and follow directions, you should be able to get your green card in three years. Mean while you are pending and can lawfully stay in the country untill you bacone a LPR. That paperwork my husband did it Just with the help of the USCIS officers we got to talk every time we made an infopass appointment! Yes we made some mistakes and got to resent some forms, but everything went great for us!! That was 8 years ago!

Another thing I've learned is that you should not get discouraged... There is a way! Just find it!

In order to file an I-485 there MUST be a visa number immediately available. In the OP's case, there isn't, and there won't be for another four years for an F2A, give or take adjustments to the cutoff date. By that time he'll be too old for an F2A, and will have to wait an additional four years for a visa number as an F2B.

Please, not everyone's situation is the same as yours. You should understand the differences before you give advice. Sometimes taking the wrong course of action can have tragic consequences. The worst that could happen to the OP is NOT simply that the I-485 could be returned. He clearly isn't eligible to adjust status, so the worst that could happen is that the I-485 would be denied, and USCIS could begin removal proceedings against him.

[RICARDO4EVA2 194]

I'll tell you my case and you can decide if it's helpful or irrelevant! Mi mom came with a visitor visa, ones she was here I filled a I-130 and also an I-485 which is to adjust status... Everything went great... she got her green card in 4 months!! You are already very lucky... but good luck anyways!!

???????

I think if you send them together it's faster, but i'm not sure if it applies in your case (in my case I was a citizen petitioning a parent with legal entry). What I would recommend is you or your parents to make an infopass appointment and ask a uscis officer... It has worked for me! just make sure you have a list of questions to ask, and be extra courteous! lol

you're giving information that you're not confident about and then you suggest an info pass appointment

[easyjourney 2]

I JUST READ THE I-485 INSTRUCTIONS AND I THINK YOU SHOULD TOO... SORRY IF I DISTURBED YOU! I also must insist you should make your app! GOOD LUCK!