
Rick_ES_USA
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Posts posted by Rick_ES_USA
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Was the petitioner just an LPR back in 1996 at the time when they filed the petition?
If the answer is yes … Then your case is automatically closed because only USC can petition for married children. The petitioner had to be a USC at the time of filling. All this time that you have been waiting since 1996 is lost!.... breaks my heart !... what a tragedy!
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74 days forward is decent movement by itself but considering the back step 1290 days,
22AUG07 is pathetic!
looks like we're stabilizing back to April 2010 Bulletin's wait time right before
the big jump. It'll be interesting to see the next few bulletins...
I agree with your analysis, by the way It´s now been published!
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OK... It´s official!.... the June 2011 VB has been published!
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What! F1 did not move again!
OMG until when?
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Well it´s May 11 12:30 noon and still nothing!
This might be a good sign! ... my guess is they are still trying to find the way to move it forward as much as possible. Please GOD let it move for F1!
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No, the child cannot adjust status because of the EWI. However, since he's a child there are no adverse consequences to his immigration violations. He should return to his home country, and his US citizen step-parent should petition for him as an immediate relative. He can be back in the US within a year, and receive a green card.
Thank you JimVaPhuong! … this is a very good answer.
Honestly this is how I understood it from the beginning, but I just wanted to make sure. So my advice to my friend will go along this same lines!
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If I understood the initial post correctly, the mother first entered the US without the child, on a tourist visa - and then, somehow, had the child sneaked in the country without inspection. So the mom came with a non-immigrant visa, the child came later without inspection.
Correct!
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I have been asked for advice on this case, but I am not very sure. So I think It is a good idea to put it out there and get some feed back from the experts here at VJ.
This friend of mine came to USA with a tourist visa back in 2006, overstayed her visa and has been living in the US ever since. Before going to the USA, back in her country, she had shared custody of her 6 years old son that she had with a man that she never married. But she was the main caretaker of the kid. For some reason she was never able to get her son a tourist visa (don´t know exactly why), but the thing is that, as a mother, she wished to be with her son very badly, but once she was in the U.S. she could not go back to her country either. So she decided to bring her son to the USA illegally, and the kid entered without inspection, his biological dad, back in his country was ok with the child reuniting with his mother. A couple years later she fell in love with a USC and got married and has been living happily married for more than 2 years with her husband and her kid in the USA. So now they want to file for her GC and it seems that she is going to be able to do AOS with no problem inside the USA. But my question is: Is her minor child who EWI going to be able to do AOS also inside the USA as a derivative? The kid is around 11 years old now. Or is the child going to have to go back to his country and do consular processing? Please keep in mind that the kid is still a minor and therefore the 10 years ban does not apply in this case.
Will appreciate all of your comments
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It´d be nice to see other people in F1 Category give us some feed back.
Anyone has been scheduled an interview lately ? … with what PD?
Why retrogression on F1 has been so little commented? … anyone feeling the same pain outthere?
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not possible. Even before it retrogressed the dates did not get to march 2006
All the talk about retrogression is for F2A … but at least they are moving forward now. Category F1 has been heavily hit by retrogression, I would say that in some sense even more tan F2A, and worse of all, it is not moving forward yet.
So I agree with Ricardo… I do not think your PD of June 2006 will be current by October 2011 (unless they do the crazy-moving-forward strategy again), but I do expect it to begin moving forward once again in this next June Visa Bulletin.
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It sounds like you meet the requirements for Direct Consular Filing (DCF), there is a forum for this topic. I suggest you check it out.
Also those things that you have heard!... they are mostly wrong, so please read the guides and study this topic here:
Marriage Based Immigration Choices
for Non-US Citizen fiancé(e) or spouse living overseas
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yes i live with him.... what forms do we need??
You (the sponsor) have to fill up I-864 and because your son lives with you in the same house, he is considered to be a household member therefore he has to fill up I-864A. Make sure the sponsor signs both forms in the apropiate line, and of course the Household Member also signs his I-864A
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How old are you? ... As someone said earlier … you may be downgraded to F2B if you turn 21 before your PD is current, which is a very bad thing because the waiting time increases dramatically. I hope this does not happen to you!
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I'll start off with my questions first:
What is the likelihood that an elder Filipino man (in his late 50's) with no money to his own name, no history of reliable employment for the last 15 years, and no job lined up here in the United States passes his interview at the U.S. Embassy in Manila?
This man I know, we'll call him Bong, has been waiting for the petition from his naturalized brother for the past 20+ years. He has been very eager for this day to finally arrive, and last year it did. He was informed that the process was going to finally begin to see if he qualified to become a permanent resident in the U.S. on the basis of his brother's citizenship.
Due to his current situation in the Philippines, I and many others of his close relatives have tried to strongly advise him that we do not feel it is wise for him to come here at this time. As implied above with my question, he has had no reliable job for the past 15+ years (his wife has a good secretarial job that supports the entire family). Similarly, he has no obvious marketable skills or talents. Despite his wife's income, they still live very modestly and are deeply in debt with no savings. The majority of his immediate family still resides in the Philippines. Although he claims he passed his medical examination with flying colors, he has mentioned in the past that he does not feel he is in top condition.
We have tried very hard to convince him of the realities of living in the U.S. We've mentioned the high health care costs, the unemployment rate, his age, his health, his lack of financial stability, everything... yet he continues to remain determined to "prove" that he can make it here in the U.S. We've tried reasoning that his family needs him. Doesn't work. We've tried saying that his family needs the money that he is going to require to live in the U.S. Doesn't work. We've tried explaining the despite this being his lifelong dream, he needs to consider the needs of his family first before his wants. Doesn't work.
To make a long story short, he is just extremely stubborn/determined to come and try to live in the U.S.
I wonder, though, if my worrying about what he'll do for money, what his family will do for money, and how he'll survive in the U.S. if he ever does make it is premature. I really wonder if, as I questioned above, he will even pass his interview with the Embassy in Manila?
Does anyone have any advice regarding these types of situations. Are any of the topics I mentioned above questioned by the immigration officials, or is it a pretty easy interview to pass despite one's personal and family situations?
As a worst case scenario, I've considered writing to the Embassy to inform them fully of this man's situation and requesting that they deny him permanent residency. Would something like this work?
Thank you in advance for your advice.
-Worred in the U.S.
Just live and let live!
Don´t rat out!
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I am a little embarrassed to admit that I can figure out how to read the USCIS's Visa Bulletin. I am a permanent resident in the US and I am trying to sponsor my under 21 year old daughter. The USCIS rejected the entire application package because they say that priority date is not current. Sorry to ask what must be a simple matter for old-hands here. Bark.
In case it helps, we are Canadians. Again, thanks for any help. Bark
People here can help you, but you need to tell us this:
- Age of your daughter
- Have you already file I-130? IF yes what is you Priority Date (a.k. when did you file)?
- Since when are you a LPR?
May-2011 Visa Bulletin just came out.
Cut Off PD for F2A is 08-jun-07 (It had 2 months forward movement... Great!)
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If the I-130 was filed prior to age 21, that wont happen.
This one here is such a bad advice, completely wrong and awfully misleading … and it was given by someone in the “Members, Orginizer Group” . May be he will erase my comment!... but I just felt the need to tag it and make sure others who read it will understand that although we are very fortunate to have some very knowledgeable peple here in VJ community, sometimes we also get very bad advice… so my advice, whatever you read, always fact check it and make sure you do your homework
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If the I-130 was filed prior to age 21, that wont happen.
I assume you´re saying that because of CSPA. But the way you put it sounds like IF ALL children who apply before they turn 21 will be protected by CSPA… and that’s just not true. CSPA gives protection to a very narrow set of individuals who meet all the requirements to be considered under it.
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Yes sadly a couple years
do you think that there is any hope for thing to pick back up again?
... woah 5 years!? eeek sounds awful
You really think 5 years is bad! … pray to God you never fall back to F2B for Mexico!
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Hi,
PD nov 24,2010
IR5 (parent of Us Citizen)
Philippines
Thanks to everyone
Deer lakambini:
Oh! … good. So your case is R5 (parent of Us Citizen) … then yes an interview and visa coming your way very soon!... Congrats!
I was just raising this topic because I have seen many other people in the family based categories like F1, F2A, F2B, etc. with false expectations just because their cases have been completed at NVC, but that is a phenomenon happening because of rapid advancement of PDs last year and then suddenly retrogression hit us… bad luck! They´re not alone, I´m in limbo too!
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I'm planning on putting the truth but can this lead to trouble for them?
Put the truth.
It would not be imposible, but I am 98% sure It is very unlikely that ICE will come after your relatives because of this.
Also let me add this:
Who knows? May be those same illegal children will benefit in the future from their mother getting a GC and eventually Citizenship … so you see! It is important not to lie now because if their names are not there, how can their mother petition for any of them in the future?
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hi everyone,
I just called the NVC today and the lady i talked to said my case was comleted on March 29.I'm soooooooohappy.waiting for interview date and soooooonervous..
Nov- 24-2010-- I130 sent
??????????---NOA1
---NOA2
March-14-2011---I864 and DS230 sent NVC
March-25-2011---received email that they receive I864,and that some documents missing
March-31-2011---Called the NVC (said case was completed march 29)
Guess what? … Case completed at NVC does not automatically means your are getting an interview and an immigrant visa in the next couple months.
Because of the forum you are posting on, I assume you are under a family based category… so your interview and visa number availability has more to do with PD becoming current.
Tell me your PD, country of origin and category… and I will tell you if an interview can be expected in the near future
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That's exactly what my parents had done for me. Thanks for the info
I'll call the NVC again tomorrow and hopefully speak with someone who can shed a little light as to why they'd complete my case only to have me go through all of that again in the future since most of my docs will expire. I'm also not too comfortable with them having my birth certificate. Cheers!
Hi Jules:
You´re not alone, my case is identical to yours. My PD is May 2007… and yes my case has also been completed at NVC last January 6 2011.
If you want to know why our cases started moving last year, here is why:
NVC starts processing cases close to PD becoming current, when they forecast that your PD is around 1 year to 9 months away from becoming current. Last year in the Visa Bulletin for Oct-2010, category F1 advanced to 15FEB06 and considering at the PACE THEY WERE MOVING FORWARD, our PD´s were within 1 year of becoming current. So you see , they were just doing what they always do, activating cases that were going to be current by May or June this year (assuming they kept moving forward at the same pace). And then Retrogression hit us … and here we are in limbo again.
Good luck in your journey!
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Kanchi110:
June2008 is not that far! … Assuming a 2 or 3 months steady forward movement … your PD should be current around the end of this year … lucky you!
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I filed for my mom both Forms i130 and I-485
She had a valid visitors visaB2
She receipt NOA2 for her I-485
saying she need to go to an enterview
WHAT TO SPECTS IN THE ENTERVIEW?
Any advise it's important for us!!
Gracias!!
Deer Oni:
If your Mom entered the USA legally with a tourist visa, then she will be ok to AOS because she is considered an immediate relative of a USC. Make sure to bring to the interview her passport with tourist visa and also her I-94.
I think you should know there is a whole forum for this topic :
Adjustment of Status from Work, Student, & Tourist Visas
I recommend you check it out, there you will find all the info. about AOS from touris visa. Here is the link:
http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/
how to filed I-130 F2A, Please help.
in Bringing Family Members of Permanent Residents to America
Posted
Here is the question you should be asking:
How long is it going to take the whole process to get visa in F2A category?
Yes approval times varies from place to place at the USCIS level depending on the service center that processes your case, but USCIS is only half the way… then your case moves to NVC and stays there until a visa number is available in your category F2A.
Answer to the question above: Around 4 years for F2A category … please refer to the Visa Bulletin for current PD dates.