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Hi all,

My family got their immigrant visas in 2010, when I was 23 yo, so I had aged out. We did nothing about it at that time. My parents and my sister, currently in the US, have green cards and are therefore permanent residents.

BG: case priority date is 1982. Immigration papers first came in 1989 (when I was one year old) but our family decided not to move at that time. The case was reopened around 2010.

Now that I have built up a career and have work experience here in Pakistan, I want to move to the US and join my family.
My family have not applied for my PR yet (we should have done so way back) but now its water under the bridge.
From the discussions I have had with people (not as professional as you guys), I have the following options in front of me:

Should I apply for a PR by filling out an I-130 and waiting for God knows how many years?

Should I legally take up the case with a lawyer and file an appeal against the decision of consular officer? What are the chances of my appeal getting accepted?
Should I be using any laws/policies relating to humanitarian grounds (since I am unemployed currently, my parents are both retired and not earning, my sister is studying in the US and I need to be there to support my family)?

Using all of the three? Or a combination of these? Or what to do at this stage and what not to do?

I am really confused guys.

Everyone around is discouraging and asking me to migrate to some other country. I want to be there with my family.

What about you guys?

Thanks in advance.

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hi

there is nothing you can do now, forget about the other petition, to appeal you would have had to do that within 30 days of your parents interview

the only options you have is that your parents apply for you, and yes, they've wasted a lot of valuable time, they should have filed as soon as they got to the US

there is no humanitarian grounds for you to come, plus a humanitarian visa is only temporary, the only thing that allows you to live permanently is a GC

humanitarian visa would be approved if your parents were gravely sick or in an accident and had nobody to care for them, which is not the case

you can try a student visa maybe in the future, but it is also temporary

so have your parents, mom or dad, fill out the i130 to petition for you

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hi

there is nothing you can do now, forget about the other petition, to appeal you would have had to do that within 30 days of your parents interview

the only options you have is that your parents apply for you, and yes, they've wasted a lot of valuable time, they should have filed as soon as they got to the US

there is no humanitarian grounds for you to come, plus a humanitarian visa is only temporary, the only thing that allows you to live permanently is a GC

humanitarian visa would be approved if your parents were gravely sick or in an accident and had nobody to care for them, which is not the case

you can try a student visa maybe in the future, but it is also temporary

so have your parents, mom or dad, fill out the i130 to petition for you

thanks a lot. I'll do that right away.

On the other hand, I went to a lawyer here and according to him, this appeal is winnable, irregardless of the fact that its been more than 30 days. So probably he's bluffing and I should not go for it? He also claims to have dealt a few similar cases before as well.

Another thing: my sister has been living in the US for a considerably longer amount of time than my parents. Should I let her apply (since she might neutralize earlier) or let my mother (the principal applicant) apply. I'm confused in this regard too.

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hi

the lawyer only wants your money,

your sister can't file for you until she becomes a USC, only citizens can file for siblings and the wait is over 12 years

if your parents file now, the wait is over 7 years, as long as you remain unmarried until after they become USC

if you marry once they are citizens, the wait will be over 10 years

the difference is your parents can file now as green card holders because you are unmarried, but your sister would have to wait until she was a US Citizen to be able to file for you and the wait would be longer

Edited by aleful

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There is no appeal of a consular officer's denial of your visa. If you aged out then you aged out and that's all there is to it.

As stated, your parents can file an I-130 for you now under the F2B family preference category, for which you would need to remain unmarried. It would take approximately six and a half years for your priority date to become current.

There is nothing you can do to accelerate the process, unless you have access to a time machine.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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