Family Based Petition - Page 2

Well options are either F2B (by mother) which for India is at 7 year backlog, or an F4 petition (by brother) which is at 14 year backlog.

F2B is faster. Another thing to consider is that you will either need 245(i) grandfathering or I-601A waiver to actually get your residency.


245(i) requires you or parent to have been sponsored prior to April 30th 2001 and physically present in US on December 21, 2000.

I-601A waiver requires you to have a US Citizen or Lawful Permanent Resident, Spouse or Parent, and you have to argue that your absence from US would cause them "Extreme Hardship". Total bullshit cases have been won but aren't easy. All depends on individual circumstances.

Thank you, Obama....

"On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.
Foreign nationals who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return. Typically, these foreign nationals cannot apply for a waiver until after they have appeared for their immigrant visa interview abroad, and a Department of State (DOS) consular officer has determined that they are inadmissible to the United States.
The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees);* who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview.
The provisional waiver process does not change the immigrant visa process. Even if your provisional unlawful presence waiver is approved, you are still required to depart the United States to process your immigrant visa at a U.S. Embassy or U.S. Consulate abroad. "

I am guessing this means the I-601A needs to be approved before the F2B?

Basically the following:

I-130 is filed.
I-130 is approved (6-18 months, time is basically irrelevant here).
F2B priority date becomes current (about 6-8 years).
NVC is notified and they contact the sponsor regarding the DS-260 and Affidavit of Support.
Both of the above are paid for and filed.
I-601A is filed.
USCIS notifies NVC of the pending I-601A and that they should not schedule an interview yet.
I-601A is approved, NVC is notified. (6-12 months)
NVC schedules an interview at consulate abroad.
Applicant leaves US, goes to the interview, gets his F21 visa, and returns to United States as a Permanent Resident.

This is helpful. Do you happen to know the timeline if a spouse is the one petitioning (EWI case), instead of parent (F2B)? That's my situation. I'm wondering if I'll be able to get an EAD after the I-130 is approved, but before the I-601A.

Me too! I'd like to see a similar time line for spouse petitioning for EWI.

you qualify under your mother if you are not married and can get a visa but will have to wait in line and if your mother becomes a US citizen then you can send a letter to adjust your status and get permanent residence.


My mom told me we should go do this, since i have never married ,,



if you marry you lose your slot and application is declined

Online stats show high chance of I-601A waiver getting approved while in USA. Anyone getting approved? I know you still have to prove extreme hardship. This can be adult son over 21, unmarried getting filed from USC mother right?

Plan about 2 years. Basically it's the same just no backlog.
6-12 months for I-130.
6-12 months for I-601A.
3-6 months for consular processing.

Approved I-130 or I-601A don't let you get an EAD. So really DACA is the only way to have one right now.

So to clarify, you can only get an EAD when you AOS (aka visa overstay)?

Yes, the AOS is based on pending I-485 (AOS application), since you never file I-485 while doing consular processing you never get an EAD this way.