I-130 Help!!
 

Ok...My uncle petitioned for my mom in 1999 using I-130. He is a USC and we are all form Mexico. I've read alot on the internet and I discoverd we can adust status while being in the country and that all of us(mom, dad, brother, me) would become legal with her as derrative beneficaries. I also read that if we leave the chances would be really slim to enter legally from a consulate. The question is, is there any possiblity we can file our appropirate forms (i-245,i-245 supplement a, work authorization, medical, and affadit of support) now instead of waiting for our priority date from becoming current?

Re: I-130 Help!!
 

what forms? anyways, you cannot adjust your status until your visa becomes available. according to the current visa bulletin, they are processing visa petitions for US citizen's mexican brothers or sisters with a priority date of 1995. your priority date is 1999.

Re: I-130 Help!!
 

No, you cannot file for i245 anymore because it has already expired long ago.

Re: I-130 Help!!
 

well, since the petition was filed before 2001, they have grandfathered the 245i protection. so yes, you are covered under 245i.

and no you can't file for any of those mentioned until your priority date is current, then you will be able to adjust your status and file for work authorization, etc.

Re: I-130 Help!!
 

What castrochad said. You'll only be able to adjust status after you get a visa.

Re: I-130 Help!!
 

Oh, my bad, I completely missed that part! lol

Re: I-130 Help!!
 

Going off of this, my dad was petitioned by his USC brother in August 1996. Now my question is when the priority date comes up, what steps do we take? How long is the process?? Months, years? What can we expect???

Re: I-130 Help!!
 

once your visa is available, you can file by yourself or get legal help from an immigration attorney. it shouldn't take that long to process, it all depends on the INS. also, you will be able to file for your work authorization, etc., concurrently.

Re: I-130 Help!!
 

WOW that's amazing news! I guess I thought the process would take forever after that. I've been in this country since I was 4yrs old. Urgh it's so close yet so far away it seems like. The only way I can handle this situation is by taking it month by month now, since at the end of each month I check for the priority date. I'm keeping my fingers crossed that it keeps moving the way it has so that by summer of next year my family and I will finally have our legal status....:smile::!:

Re: I-130 Help!!
 

I wish we could change our consulate to a country in which our visa would almost reach the priority date. Is this possible, is it possible to change country of liablity to the United states? If so how?