I don't know what to do next to get my green card!?
 

I am totally lost and I desperately need some answers please! Okay so I've been living in America since 1991, (I was 2 years old) and my dad just became a Permanent Resident in 2006 and he filed a petition for my older brother (who is now 25 and was also here since 1991) and me (I am now 20 years old going on 21 in July). We got to our interview for our petition and were accepted last summer in June of 2009, and now nothing is happening? I thought I was waiting for my Visa number and for my category for children of a PR who are under 21 they are on Dec of 2006 when I was filed in July of 2006. Am I even suppose to wait for a visa number right now? I thought visas were just for people COMING here not already here... Please what should I do!?!

Re: I don't know what to do next to get my green card!?
 

Well just to clarify a couple of things,you don't have to wait for a Visa number because one is already assigned to your already due to your petition,also how did you enter the US & what did the adjudicator say at the end of your interview ?

Re: I don't know what to do next to get my green card!?
 

Can you try Infopass? Have you checked your case status online?
Maybe you can try the Infopass appt. at the office where you were interviewed to see if they can give final approval on your case (since your file seems to have been set aside since your Priority Date wasn't current at the time of your interview).
http://www.trackitt.com/usa-discussi...after-infopass

They're at Dec 06, it should be on it's way soon.

Re: I don't know what to do next to get my green card!?
 

Even if I'm here illegally? I'm hearing a lot that I'm actually waiting for nothing because I can't possibly become a PR here in america because of the way my parents came in...I just don't even know anymore...

Re: I don't know what to do next to get my green card!?
 

Why do they think it's not possible based on your parents' entrance? Do you have a lawyer? Did your father have a ( family or employment-based?) petition filed for him before 4/30/2001? If yes, you're able to adjust status here under the 245i grandfather clause (regardless of whether you EWI or overstayed).

Just looked at the Visa Bulletin according to the dates posted:
Only when your Priority date (July #, 2006) is current can your Adjustment of Status application be submitted.

The April 2010 VB has the cut-off date: 01JUN06.
The May 2010 VB has the cut-off date: 01Dec06.

According to the May 2010 VB, your parent/lawyer should be preparing to file the i-485/Adjustment of Status application after the 1st of May since your Priority Date is July 06.
The 01Dec06 means the USCIS will be working on cases filed on/before 01Dec 06 come May and those with a Priority Date of on/before 01Dec06 can file their i-485/AOS.
So, you still have some wait time before GC but at least you'll be able to get your work permit (after fingerprinting) and the ability to get a SS#/license with the EAD/work permit after filing i-485/AOS.

*Cross out the Infopass. It's no use at this point, sorry.

But be happy your priority date is about to be current.

Re: I don't know what to do next to get my green card!?
 

My father became a permanent resident in 2006. I don't think he filed before or around 2001. My dad got an infopass to go downtown to see them and find out what exactly we're waiting for. Is there suppose to be a letter coming in? Also, a lot of people are still telling me (from other places online) that I am not eligible to adjust my status while I'm illegally here because my father brought me illegally when I was 2. I'll cross my fingers and wait to see if anything comes in the mail before or around the beginning of May...

Re: I don't know what to do next to get my green card!?
 

He became a PR in 2006. But who sponsored him (a relative or an employer) to get his GC? Was the petition for your father filed before or after 4/30/2001? Ask him for the date that it was filed, if you're unsure.
How did you enter (EWI or Overstay)?

Crossing your fingers isn't going to do much (be proactive):
1) A I-130 approval is not a green card approval. It's just the 1st step in a Family-based petition to get your GC.

2) After the I-130 petitions have been filed for you & your brother and they've been approved, you usually have to wait a # of years (depending on your Preference category) for your Priority Date (July #, 06) to be reached.

**Since your brother is now over 21, he'll have to wait a few more years to file the I-485 because he is in the Family-based 2B category and they're on 01Mar02 except for Mex. and the Philippines (APR 2010 VB).

3) Once your Priority Date has been reached (May 1, 2010 in your case), you can file the Application to Register Permanent Residence or Adjust Status (I-485).
The USCIS isn't going to send you a letter asking you to file for Adjustment, your father or your lawyer has to file the paperwork for I-485 (there's a bit more to it than just filling out a form - e.g. Immigration medical exam, ).

4) After the I-485 has been filed, you should be able to get a Work Permit (if you apply for it) and with that, a SS#. The actual GC might take a while but at least, you'll be more than half-way there.


You should really consult with a lawyer before filing I-485 if you are worried that you are not eligible to adjust status in the U.S. A lawyer can explain where you are in the GC timeline and what needs to be done.
But don't wait too long because it's best to file before you turn 21... otherwise you'll be placed in your brother's category. It's just a few hundred dollars ($200?) to consult with a lawyer.

Did you guys hire or consult with a (hopefully) reputable lawyer before filing in July 2006? I'm curious as to why your father filed for you if he wasn't sure if his sons would be able to adjust status.

*The Infopass isn't going to do any good because the I-485 haven't been filed for you nor your brother. I thought when you said you had your interview it was for I-485 but after checking the Visa Bulletin I could see that wasn't possible. So, your father can just cancel it online or don't bother going.*


"How Do I Help My Relative Become a Permanent Resident? (Guide for Permanent Residents) ( PDF)

Re: I don't know what to do next to get my green card!?
 

You should elaborate on your immigration history in its totality,chronologically !If you don't know the information I'd suggest asking your father or the petitioner.

Since you mentioned you came in illegally,whether brought by your father or not you will require 245i to adjust status in the US.The only way to find out would be WHEN the petitioner filed for your father,that of all things is supremely important as of right now.

Btw,I thought you had an adjustment interview already hence the mixup but Wondering1983 is right.

Re: I don't know what to do next to get my green card!?
 

Thank you Wondering1983 for the helpful information!

Did you guys hire or consult with a (hopefully) reputable lawyer before filing in July 2006? I'm curious as to why your father filed for you if he wasn't sure if his sons would be able to adjust status.

Yes when my father became a PR he had this immigration lawyer. The lawyer knew about us back in 2006 before my dad filed for our I-130. Since they are going to be passed July of 2006 in May 1st I'll go ahead and inform my dad about the I-148. I don't know who petitioned for him to be honest -- I'll have to ask him. I was really worried because I heard from many sources that I can't possibly become a PR or legal here in the states because of the way I came in (Illegally at the age of 2)
and also what is the 245i for, Ianus?

Re: I don't know what to do next to get my green card!?
 

Also I was told I would be informed when my priority date comes by so I can get fingerprinted