F-1 and I-130 Pending
Sep 8th 2004, 4:59 pm
#1
Guest
Posts: n/a
F-1 and I-130 Pending
Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
to file I-130 for my mom to immigrate to America through family-based
(brother and sister). Under the I-130 application, I will be an
accompaning relatives. I know that the process is very long. But I
would like to know when my uncle file I-130 to USCIS, and get the
receipt back from the USCIS say that they got his application. In that
receipt, do my name appear as an accompaning relatives. While waiting
for the I-130 pending, can I still attending school and pay in-state
tuition.
Please help me.
thank you
to file I-130 for my mom to immigrate to America through family-based
(brother and sister). Under the I-130 application, I will be an
accompaning relatives. I know that the process is very long. But I
would like to know when my uncle file I-130 to USCIS, and get the
receipt back from the USCIS say that they got his application. In that
receipt, do my name appear as an accompaning relatives. While waiting
for the I-130 pending, can I still attending school and pay in-state
tuition.
Please help me.
thank you
Sep 9th 2004, 5:50 am
#2
Guest
Posts: n/a
Re: F-1 and I-130 Pending
[email protected] (jake2002vn) wrote in message news:<[email protected] om>...
> Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
> to file I-130 for my mom to immigrate to America through family-based
> (brother and sister). Under the I-130 application, I will be an
> accompaning relatives. I know that the process is very long. But I
> would like to know when my uncle file I-130 to USCIS, and get the
> receipt back from the USCIS say that they got his application. In that
> receipt, do my name appear as an accompaning relatives. While waiting
> for the I-130 pending, can I still attending school and pay in-state
> tuition.
> Please help me.
> thank you
Are you a minor such that when your uncle filed for your mother that
it covers for you as well? I would think your name would appear as
well on the receipt.
Considereing that sibling preference takes a long time before
reaching AOS (adjustment of status) stage, INS is not in a hurry to
send out I-130 approval notice in a hurry. So you just have to use
receipt notice letter and try to get instate tuition.
> Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
> to file I-130 for my mom to immigrate to America through family-based
> (brother and sister). Under the I-130 application, I will be an
> accompaning relatives. I know that the process is very long. But I
> would like to know when my uncle file I-130 to USCIS, and get the
> receipt back from the USCIS say that they got his application. In that
> receipt, do my name appear as an accompaning relatives. While waiting
> for the I-130 pending, can I still attending school and pay in-state
> tuition.
> Please help me.
> thank you
Are you a minor such that when your uncle filed for your mother that
it covers for you as well? I would think your name would appear as
well on the receipt.
Considereing that sibling preference takes a long time before
reaching AOS (adjustment of status) stage, INS is not in a hurry to
send out I-130 approval notice in a hurry. So you just have to use
receipt notice letter and try to get instate tuition.
Sep 9th 2004, 6:38 pm
#3
Guest
Posts: n/a
Re: F-1 and I-130 Pending
Thank you for replying me. I am currently 19 years old. If my uncle
file I-130 right now, will I have a chance to become an accompanying
relatives on the I-130. Like you said, my uncle should send the
application with certified mail and then get the receipt from the INS.
I shouldn't wait until they send me an notice of action (a receipt for
the I-130) saying that my application is pending. If while waiting for
my application pending, and I am over 21 years old. Do I still
consider as an accompanying relatives. Also, while waiting for the
I-130, should I still maintain my F-1 visa status by attending college
full-time. Thank you so much
file I-130 right now, will I have a chance to become an accompanying
relatives on the I-130. Like you said, my uncle should send the
application with certified mail and then get the receipt from the INS.
I shouldn't wait until they send me an notice of action (a receipt for
the I-130) saying that my application is pending. If while waiting for
my application pending, and I am over 21 years old. Do I still
consider as an accompanying relatives. Also, while waiting for the
I-130, should I still maintain my F-1 visa status by attending college
full-time. Thank you so much
Sep 10th 2004, 6:23 am
#4
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"jake2002vn" <[email protected]> wrote in message
news:[email protected] m...
> Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
> to file I-130 for my mom to immigrate to America through family-based
> (brother and sister). Under the I-130 application, I will be an
> accompaning relatives. I know that the process is very long. But I
> would like to know when my uncle file I-130 to USCIS, and get the
> receipt back from the USCIS say that they got his application. In that
> receipt, do my name appear as an accompaning relatives.
No
> While waiting
> for the I-130 pending, can I still attending school and pay in-state
> tuition.
Yes. However, you will have a problem if you ever have to renew your F-1
visa, since F-1 visas do not allow immigration intent.
news:[email protected] m...
> Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
> to file I-130 for my mom to immigrate to America through family-based
> (brother and sister). Under the I-130 application, I will be an
> accompaning relatives. I know that the process is very long. But I
> would like to know when my uncle file I-130 to USCIS, and get the
> receipt back from the USCIS say that they got his application. In that
> receipt, do my name appear as an accompaning relatives.
No
> While waiting
> for the I-130 pending, can I still attending school and pay in-state
> tuition.
Yes. However, you will have a problem if you ever have to renew your F-1
visa, since F-1 visas do not allow immigration intent.
Sep 10th 2004, 1:52 pm
#5
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Jozef" <jozef.*take this out*[email protected]> wrote in message news:<aLb0d.24240$x12.20178@trnddc05>...
> "jake2002vn" <[email protected]> wrote in message
> news:[email protected] m...
> > Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
> > to file I-130 for my mom to immigrate to America through family-based
> > (brother and sister). Under the I-130 application, I will be an
> > accompaning relatives. I know that the process is very long. But I
> > would like to know when my uncle file I-130 to USCIS, and get the
> > receipt back from the USCIS say that they got his application. In that
> > receipt, do my name appear as an accompaning relatives.
>
> No
>
> > While waiting
> > for the I-130 pending, can I still attending school and pay in-state
> > tuition.
>
> Yes. However, you will have a problem if you ever have to renew your F-1
> visa, since F-1 visas do not allow immigration intent.
My understanding is that mere filing of I-130 does not give in state
tuition rights to prospective immigrants, I-130 has to be approved by
BCIS and pending its portability and availibility only allows in state
tuition rights.Since i am not a legal person, let us have some
thoughts on this issues!!!!
> "jake2002vn" <[email protected]> wrote in message
> news:[email protected] m...
> > Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
> > to file I-130 for my mom to immigrate to America through family-based
> > (brother and sister). Under the I-130 application, I will be an
> > accompaning relatives. I know that the process is very long. But I
> > would like to know when my uncle file I-130 to USCIS, and get the
> > receipt back from the USCIS say that they got his application. In that
> > receipt, do my name appear as an accompaning relatives.
>
> No
>
> > While waiting
> > for the I-130 pending, can I still attending school and pay in-state
> > tuition.
>
> Yes. However, you will have a problem if you ever have to renew your F-1
> visa, since F-1 visas do not allow immigration intent.
My understanding is that mere filing of I-130 does not give in state
tuition rights to prospective immigrants, I-130 has to be approved by
BCIS and pending its portability and availibility only allows in state
tuition rights.Since i am not a legal person, let us have some
thoughts on this issues!!!!
Sep 10th 2004, 5:55 pm
#6
Guest
Posts: n/a
Re: F-1 and I-130 Pending
[email protected] (jake2002vn) wrote in message news:<[email protected]. com>...
> Thank you for replying me. I am currently 19 years old. If my uncle
> file I-130 right now, will I have a chance to become an accompanying
> relatives on the I-130. Like you said, my uncle should send the
> application with certified mail and then get the receipt from the INS.
> I shouldn't wait until they send me an notice of action (a receipt for
> the I-130) saying that my application is pending.
Certified mail receipt won't be enough. It must be receipt notice
from INS (which usually comes within 2 weeks) confirming that your
uncle's filing of Aleine Peition is complete and has been accepted.
> If while waiting for
> my application pending, and I am over 21 years old. Do I still
> consider as an accompanying relatives.
I would think so because I think the decision is based on the time
of IAlien petition filing by your uncle. In fact, with the new age out
law (got to http://uscis.gov and read), even after you become over 21
when your mother can do AOS, you will be able to do AOS.
Though I was thinking that that law might refer to situation where the
Alien Petition was already approved before the child becomes 21, but
at AOS (or CP time) time, the child is over 21, I think that your
situation would be OK too since your uncle petition would most likey
be approved before you become 21 though your uncle may not receive
the approval notice in the mail. In another word, a priority date
assigned upon approval would be the date before you becomes 21 though
your uncle my receive the approval notice, say in 2007 or 2008.)
What I am saying is that I would assume that the age-out law would
apply to situation with regard to priority date being the date before
the child turns 21 if not the date of receipt notice. If I were you, I
would find out about that age out law since there is no way your
mother would be able to do AOS or CP for at least the next 12 years
and you should find out where you would stand w.r.t getting a
greencard through your mother.
> Also, while waiting for the
> I-130, should I still maintain my F-1 visa status by attending college
> full-time. Thank you so much
Well, as long as you maintain full load, and follow all other
obligation of F-1 visa, your student visa whould automtically stay
valid WHILE YOU ARE IN THE SAME SCHOOL but once you graduate and want
to apply for OPT, I wonder whether the Int'l Student Office would
cooperate since OPT is F-1, i.e a non-immigrant visa and you already
have I-130 pending which shows immigration intent. In fact, if you
want transfer to another school, I wonder whether Int'l Student Office
would let you transfer as an F-1 student or say that you are a
resident when it comes to tuition fees purpose. Note that all shcool
are to give admission to students with I-130 pending status and you
can go to another school (even in another state by paying out-of-state
fees) without any problem but your F-1 visa may not follow you unless
the Int'l Student Office provides you a transfer letter.
Note that you cannot get EAD (work permit) with I-130 pending status.
If I were you, I would ask Int'l Student Office whether they would do
OPT for a student who entered the school with F-1 status but later
became I-130 pending and pay instate-tuition fees but miantain all F-1
obligation. If the answer is yes, you would have some breathing time
to search for a job after graduationg and hopefully find someone to
sponsor you for H! (and posiibly GC too). Otherwise, you would have
to think about getting someone sponsor you for H1 when you graduate.
What I found out is that, once on out of status visa, to switch to
H-1, the applicant must go out of the country, i.e cannot adjust to H1
visa form F-1 or B-1 inside US.
Find out a way to get instate tuition fees without informign the
school about your I-130 pending status that entiles you for instate
tuition fees. Some types of scholarship (though small amount of
money) comes with out-of-stte tution fees waiver. That would insure
you the school to copoperate with you for OPT application unless there
is a question on OPT application from asking you whether anyone has
filed for you for permanent residency in US. I mean, you wouldn't want
to lie, KNOWINGLY, on the application.
I say spend some oney and consult a a lawyer. You will prevent a lot
of grieve later.
> Thank you for replying me. I am currently 19 years old. If my uncle
> file I-130 right now, will I have a chance to become an accompanying
> relatives on the I-130. Like you said, my uncle should send the
> application with certified mail and then get the receipt from the INS.
> I shouldn't wait until they send me an notice of action (a receipt for
> the I-130) saying that my application is pending.
Certified mail receipt won't be enough. It must be receipt notice
from INS (which usually comes within 2 weeks) confirming that your
uncle's filing of Aleine Peition is complete and has been accepted.
> If while waiting for
> my application pending, and I am over 21 years old. Do I still
> consider as an accompanying relatives.
I would think so because I think the decision is based on the time
of IAlien petition filing by your uncle. In fact, with the new age out
law (got to http://uscis.gov and read), even after you become over 21
when your mother can do AOS, you will be able to do AOS.
Though I was thinking that that law might refer to situation where the
Alien Petition was already approved before the child becomes 21, but
at AOS (or CP time) time, the child is over 21, I think that your
situation would be OK too since your uncle petition would most likey
be approved before you become 21 though your uncle may not receive
the approval notice in the mail. In another word, a priority date
assigned upon approval would be the date before you becomes 21 though
your uncle my receive the approval notice, say in 2007 or 2008.)
What I am saying is that I would assume that the age-out law would
apply to situation with regard to priority date being the date before
the child turns 21 if not the date of receipt notice. If I were you, I
would find out about that age out law since there is no way your
mother would be able to do AOS or CP for at least the next 12 years
and you should find out where you would stand w.r.t getting a
greencard through your mother.
> Also, while waiting for the
> I-130, should I still maintain my F-1 visa status by attending college
> full-time. Thank you so much
Well, as long as you maintain full load, and follow all other
obligation of F-1 visa, your student visa whould automtically stay
valid WHILE YOU ARE IN THE SAME SCHOOL but once you graduate and want
to apply for OPT, I wonder whether the Int'l Student Office would
cooperate since OPT is F-1, i.e a non-immigrant visa and you already
have I-130 pending which shows immigration intent. In fact, if you
want transfer to another school, I wonder whether Int'l Student Office
would let you transfer as an F-1 student or say that you are a
resident when it comes to tuition fees purpose. Note that all shcool
are to give admission to students with I-130 pending status and you
can go to another school (even in another state by paying out-of-state
fees) without any problem but your F-1 visa may not follow you unless
the Int'l Student Office provides you a transfer letter.
Note that you cannot get EAD (work permit) with I-130 pending status.
If I were you, I would ask Int'l Student Office whether they would do
OPT for a student who entered the school with F-1 status but later
became I-130 pending and pay instate-tuition fees but miantain all F-1
obligation. If the answer is yes, you would have some breathing time
to search for a job after graduationg and hopefully find someone to
sponsor you for H! (and posiibly GC too). Otherwise, you would have
to think about getting someone sponsor you for H1 when you graduate.
What I found out is that, once on out of status visa, to switch to
H-1, the applicant must go out of the country, i.e cannot adjust to H1
visa form F-1 or B-1 inside US.
Find out a way to get instate tuition fees without informign the
school about your I-130 pending status that entiles you for instate
tuition fees. Some types of scholarship (though small amount of
money) comes with out-of-stte tution fees waiver. That would insure
you the school to copoperate with you for OPT application unless there
is a question on OPT application from asking you whether anyone has
filed for you for permanent residency in US. I mean, you wouldn't want
to lie, KNOWINGLY, on the application.
I say spend some oney and consult a a lawyer. You will prevent a lot
of grieve later.
Sep 11th 2004, 1:00 am
#7
Guest
Posts: n/a
Re: F-1 and I-130 Pending
[email protected] (pammoo) wrote in message news:<[email protected]. com>...
> "Jozef" <jozef.*take this out*[email protected]> wrote in message news:<aLb0d.24240$x12.20178@trnddc05>...
> > "jake2002vn" <[email protected]> wrote in message
> > news:[email protected] m...
> > > Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
> > > to file I-130 for my mom to immigrate to America through family-based
> > > (brother and sister). Under the I-130 application, I will be an
> > > accompaning relatives. I know that the process is very long. But I
> > > would like to know when my uncle file I-130 to USCIS, and get the
> > > receipt back from the USCIS say that they got his application. In that
> > > receipt, do my name appear as an accompaning relatives.
> >
> > No
> >
> > > While waiting
> > > for the I-130 pending, can I still attending school and pay in-state
> > > tuition.
> >
> > Yes. However, you will have a problem if you ever have to renew your F-1
> > visa, since F-1 visas do not allow immigration intent.
>
> My understanding is that mere filing of I-130 does not give in state
> tuition rights to prospective immigrants, I-130 has to be approved by
> BCIS and pending its portability and availibility only allows in state
> tuition rights.Since i am not a legal person, let us have some
> thoughts on this issues!!!!
I think thatcategorie such as sibling prefernce or parent to children
should not need to wait till I-130 approval is received because unlike
marraige based, the petition is bound to be approved. I mean who's
going to lie about blodd relation in this day of DNA age? Beside
marriage category allow I-485 filing right away aside from giving EAD
(work permit).
In fact, I know someone who is getting instate tuititon based on her
US sibling filing for her with the receipt. It was filed in Sept 2001
and approval notice hasn;t arrived yet. If she had to wait till
approval notice, she wocouldn't afford that education.
BTW, a classmate of mine with I-485 filing receipt (not approval)
based on marraige - of course the school wouldn't be able to tell from
the receipt what category it was, was getting instate tuition fees.
Considering that he filed I-130 and I485 at the same time, he had
neither I-130 or I-485 approved when he started getting instate fees.
My thought is that for marraige, the beneficiray should entitled only
when I-130 is approved since there is so much fraud in that category.
For other family relations, receipt notice should be enough.
> "Jozef" <jozef.*take this out*[email protected]> wrote in message news:<aLb0d.24240$x12.20178@trnddc05>...
> > "jake2002vn" <[email protected]> wrote in message
> > news:[email protected] m...
> > > Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
> > > to file I-130 for my mom to immigrate to America through family-based
> > > (brother and sister). Under the I-130 application, I will be an
> > > accompaning relatives. I know that the process is very long. But I
> > > would like to know when my uncle file I-130 to USCIS, and get the
> > > receipt back from the USCIS say that they got his application. In that
> > > receipt, do my name appear as an accompaning relatives.
> >
> > No
> >
> > > While waiting
> > > for the I-130 pending, can I still attending school and pay in-state
> > > tuition.
> >
> > Yes. However, you will have a problem if you ever have to renew your F-1
> > visa, since F-1 visas do not allow immigration intent.
>
> My understanding is that mere filing of I-130 does not give in state
> tuition rights to prospective immigrants, I-130 has to be approved by
> BCIS and pending its portability and availibility only allows in state
> tuition rights.Since i am not a legal person, let us have some
> thoughts on this issues!!!!
I think thatcategorie such as sibling prefernce or parent to children
should not need to wait till I-130 approval is received because unlike
marraige based, the petition is bound to be approved. I mean who's
going to lie about blodd relation in this day of DNA age? Beside
marriage category allow I-485 filing right away aside from giving EAD
(work permit).
In fact, I know someone who is getting instate tuititon based on her
US sibling filing for her with the receipt. It was filed in Sept 2001
and approval notice hasn;t arrived yet. If she had to wait till
approval notice, she wocouldn't afford that education.
BTW, a classmate of mine with I-485 filing receipt (not approval)
based on marraige - of course the school wouldn't be able to tell from
the receipt what category it was, was getting instate tuition fees.
Considering that he filed I-130 and I485 at the same time, he had
neither I-130 or I-485 approved when he started getting instate fees.
My thought is that for marraige, the beneficiray should entitled only
when I-130 is approved since there is so much fraud in that category.
For other family relations, receipt notice should be enough.
Sep 11th 2004, 4:46 am
#8
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"pammoo" <[email protected]> wrote in message
news:[email protected] om...
> "Jozef" <jozef.*take this out*[email protected]> wrote in message
news:<aLb0d.24240$x12.20178@trnddc05>...
> > "jake2002vn" <[email protected]> wrote in message
> > news:[email protected] m...
> > > Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
> > > to file I-130 for my mom to immigrate to America through family-based
> > > (brother and sister). Under the I-130 application, I will be an
> > > accompaning relatives. I know that the process is very long. But I
> > > would like to know when my uncle file I-130 to USCIS, and get the
> > > receipt back from the USCIS say that they got his application. In that
> > > receipt, do my name appear as an accompaning relatives.
> >
> > No
> >
> > > While waiting
> > > for the I-130 pending, can I still attending school and pay in-state
> > > tuition.
> >
> > Yes. However, you will have a problem if you ever have to renew your F-1
> > visa, since F-1 visas do not allow immigration intent.
> My understanding is that mere filing of I-130 does not give in state
> tuition rights to prospective immigrants,
That is correct. However, the OP stated that he was already getting in-state
tuition. Filing an I-130 won't change that.
> I-130 has to be approved by
> BCIS and pending its portability and availibility only allows in state
> tuition rights.Since i am not a legal person, let us have some
> thoughts on this issues!!!!
news:[email protected] om...
> "Jozef" <jozef.*take this out*[email protected]> wrote in message
news:<aLb0d.24240$x12.20178@trnddc05>...
> > "jake2002vn" <[email protected]> wrote in message
> > news:[email protected] m...
> > > Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
> > > to file I-130 for my mom to immigrate to America through family-based
> > > (brother and sister). Under the I-130 application, I will be an
> > > accompaning relatives. I know that the process is very long. But I
> > > would like to know when my uncle file I-130 to USCIS, and get the
> > > receipt back from the USCIS say that they got his application. In that
> > > receipt, do my name appear as an accompaning relatives.
> >
> > No
> >
> > > While waiting
> > > for the I-130 pending, can I still attending school and pay in-state
> > > tuition.
> >
> > Yes. However, you will have a problem if you ever have to renew your F-1
> > visa, since F-1 visas do not allow immigration intent.
> My understanding is that mere filing of I-130 does not give in state
> tuition rights to prospective immigrants,
That is correct. However, the OP stated that he was already getting in-state
tuition. Filing an I-130 won't change that.
> I-130 has to be approved by
> BCIS and pending its portability and availibility only allows in state
> tuition rights.Since i am not a legal person, let us have some
> thoughts on this issues!!!!
Sep 12th 2004, 4:04 am
#9
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Jozef" <jozef.*take this out*[email protected]> wrote in message news:<Jqv0d.1093$MS1.238@trnddc02>...
> "pammoo" <[email protected]> wrote in message
> news:[email protected] om...
> > "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<aLb0d.24240$x12.20178@trnddc05>...
> > > "jake2002vn" <[email protected]> wrote in message
> > > news:[email protected] m...
> > > > Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
> > > > to file I-130 for my mom to immigrate to America through family-based
> > > > (brother and sister). Under the I-130 application, I will be an
> > > > accompaning relatives. I know that the process is very long. But I
> > > > would like to know when my uncle file I-130 to USCIS, and get the
> > > > receipt back from the USCIS say that they got his application. In that
> > > > receipt, do my name appear as an accompaning relatives.
> > >
> > > No
> > >
> > > > While waiting
> > > > for the I-130 pending, can I still attending school and pay in-state
> > > > tuition.
> > >
> > > Yes. However, you will have a problem if you ever have to renew your F-1
> > > visa, since F-1 visas do not allow immigration intent.
> >
> > My understanding is that mere filing of I-130 does not give in state
> > tuition rights to prospective immigrants,
>
> That is correct. However, the OP stated that he was already getting in-state
> tuition. Filing an I-130 won't change that.
>
> > I-130 has to be approved by
> > BCIS and pending its portability and availibility only allows in state
> > tuition rights.Since i am not a legal person, let us have some
> > thoughts on this issues!!!!
Thank you everybody that reply this post. I'm really appreciate this.
Assuming that my uncle got the receipt notice from INS, stating that
the I-130 is filing. If I decide to become part-time at my college,
working on-campus. That's mean I won't follow any F-1 obligation. And
waiting for my I-130 approval. When my priority date is current and my
I-130 is approved, can I still go ahead and file I-485 (Adjustment of
Status), regardless of my F-1 status violation.
> "pammoo" <[email protected]> wrote in message
> news:[email protected] om...
> > "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<aLb0d.24240$x12.20178@trnddc05>...
> > > "jake2002vn" <[email protected]> wrote in message
> > > news:[email protected] m...
> > > > Hi, I am currently an F-1 student in Ohio. I have an uncle who willing
> > > > to file I-130 for my mom to immigrate to America through family-based
> > > > (brother and sister). Under the I-130 application, I will be an
> > > > accompaning relatives. I know that the process is very long. But I
> > > > would like to know when my uncle file I-130 to USCIS, and get the
> > > > receipt back from the USCIS say that they got his application. In that
> > > > receipt, do my name appear as an accompaning relatives.
> > >
> > > No
> > >
> > > > While waiting
> > > > for the I-130 pending, can I still attending school and pay in-state
> > > > tuition.
> > >
> > > Yes. However, you will have a problem if you ever have to renew your F-1
> > > visa, since F-1 visas do not allow immigration intent.
> >
> > My understanding is that mere filing of I-130 does not give in state
> > tuition rights to prospective immigrants,
>
> That is correct. However, the OP stated that he was already getting in-state
> tuition. Filing an I-130 won't change that.
>
> > I-130 has to be approved by
> > BCIS and pending its portability and availibility only allows in state
> > tuition rights.Since i am not a legal person, let us have some
> > thoughts on this issues!!!!
Thank you everybody that reply this post. I'm really appreciate this.
Assuming that my uncle got the receipt notice from INS, stating that
the I-130 is filing. If I decide to become part-time at my college,
working on-campus. That's mean I won't follow any F-1 obligation. And
waiting for my I-130 approval. When my priority date is current and my
I-130 is approved, can I still go ahead and file I-485 (Adjustment of
Status), regardless of my F-1 status violation.
Sep 12th 2004, 8:59 pm
#10
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"jake2002vn" <[email protected]> wrote in message
news:[email protected] om...
> "Jozef" <jozef.*take this out*[email protected]> wrote in message
news:<Jqv0d.1093$MS1.238@trnddc02>...
> > "pammoo" <[email protected]> wrote in message
> > news:[email protected] om...
> > > "Jozef" <jozef.*take this out*[email protected]> wrote in message
> > news:<aLb0d.24240$x12.20178@trnddc05>...
> > > > "jake2002vn" <[email protected]> wrote in message
> > > > news:[email protected] m...
> > > > > Hi, I am currently an F-1 student in Ohio. I have an uncle who
willing
> > > > > to file I-130 for my mom to immigrate to America through
family-based
> > > > > (brother and sister). Under the I-130 application, I will be an
> > > > > accompaning relatives. I know that the process is very long. But I
> > > > > would like to know when my uncle file I-130 to USCIS, and get the
> > > > > receipt back from the USCIS say that they got his application. In
that
> > > > > receipt, do my name appear as an accompaning relatives.
> > > >
> > > > No
> > > >
> > > > > While waiting
> > > > > for the I-130 pending, can I still attending school and pay
in-state
> > > > > tuition.
> > > >
> > > > Yes. However, you will have a problem if you ever have to renew your
F-1
> > > > visa, since F-1 visas do not allow immigration intent.
> > >
> > > My understanding is that mere filing of I-130 does not give in state
> > > tuition rights to prospective immigrants,
> >
> > That is correct. However, the OP stated that he was already getting
in-state
> > tuition. Filing an I-130 won't change that.
> >
> > > I-130 has to be approved by
> > > BCIS and pending its portability and availibility only allows in state
> > > tuition rights.Since i am not a legal person, let us have some
> > > thoughts on this issues!!!!
> Thank you everybody that reply this post. I'm really appreciate this.
> Assuming that my uncle got the receipt notice from INS, stating that
> the I-130 is filing. If I decide to become part-time at my college,
> working on-campus. That's mean I won't follow any F-1 obligation. And
> waiting for my I-130 approval. When my priority date is current and my
> I-130 is approved, can I still go ahead and file I-485 (Adjustment of
> Status), regardless of my F-1 status violation.
No. Filing an I-485 Adjustment of Status application is only possible if you
have maintained valid immigration status the whole time you where in the US.
If you haven't you have to apply for an immigrant visa in the US consulate
in your home country, after the I-130 petition is approved.
news:[email protected] om...
> "Jozef" <jozef.*take this out*[email protected]> wrote in message
news:<Jqv0d.1093$MS1.238@trnddc02>...
> > "pammoo" <[email protected]> wrote in message
> > news:[email protected] om...
> > > "Jozef" <jozef.*take this out*[email protected]> wrote in message
> > news:<aLb0d.24240$x12.20178@trnddc05>...
> > > > "jake2002vn" <[email protected]> wrote in message
> > > > news:[email protected] m...
> > > > > Hi, I am currently an F-1 student in Ohio. I have an uncle who
willing
> > > > > to file I-130 for my mom to immigrate to America through
family-based
> > > > > (brother and sister). Under the I-130 application, I will be an
> > > > > accompaning relatives. I know that the process is very long. But I
> > > > > would like to know when my uncle file I-130 to USCIS, and get the
> > > > > receipt back from the USCIS say that they got his application. In
that
> > > > > receipt, do my name appear as an accompaning relatives.
> > > >
> > > > No
> > > >
> > > > > While waiting
> > > > > for the I-130 pending, can I still attending school and pay
in-state
> > > > > tuition.
> > > >
> > > > Yes. However, you will have a problem if you ever have to renew your
F-1
> > > > visa, since F-1 visas do not allow immigration intent.
> > >
> > > My understanding is that mere filing of I-130 does not give in state
> > > tuition rights to prospective immigrants,
> >
> > That is correct. However, the OP stated that he was already getting
in-state
> > tuition. Filing an I-130 won't change that.
> >
> > > I-130 has to be approved by
> > > BCIS and pending its portability and availibility only allows in state
> > > tuition rights.Since i am not a legal person, let us have some
> > > thoughts on this issues!!!!
> Thank you everybody that reply this post. I'm really appreciate this.
> Assuming that my uncle got the receipt notice from INS, stating that
> the I-130 is filing. If I decide to become part-time at my college,
> working on-campus. That's mean I won't follow any F-1 obligation. And
> waiting for my I-130 approval. When my priority date is current and my
> I-130 is approved, can I still go ahead and file I-485 (Adjustment of
> Status), regardless of my F-1 status violation.
No. Filing an I-485 Adjustment of Status application is only possible if you
have maintained valid immigration status the whole time you where in the US.
If you haven't you have to apply for an immigrant visa in the US consulate
in your home country, after the I-130 petition is approved.
Sep 14th 2004, 3:38 am
#11
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"Jozef" <jozef.*take this out*[email protected]> wrote in message news:<eN21d.3531$xH1.3310@trnddc03>...
> "jake2002vn" <[email protected]> wrote in message
> news:[email protected] om...
> > "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<Jqv0d.1093$MS1.238@trnddc02>...
> > > "pammoo" <[email protected]> wrote in message
> > > news:[email protected] om...
> > > > "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<aLb0d.24240$x12.20178@trnddc05>...
> > > > > "jake2002vn" <[email protected]> wrote in message
> > > > > news:[email protected] m...
> > > > > > Hi, I am currently an F-1 student in Ohio. I have an uncle who
> willing
> > > > > > to file I-130 for my mom to immigrate to America through
> family-based
> > > > > > (brother and sister). Under the I-130 application, I will be an
> > > > > > accompaning relatives. I know that the process is very long. But I
> > > > > > would like to know when my uncle file I-130 to USCIS, and get the
> > > > > > receipt back from the USCIS say that they got his application. In
> that
> > > > > > receipt, do my name appear as an accompaning relatives.
> > > > >
> > > > > No
> > > > >
> > > > > > While waiting
> > > > > > for the I-130 pending, can I still attending school and pay
> in-state
> > > > > > tuition.
> > > > >
> > > > > Yes. However, you will have a problem if you ever have to renew your
> F-1
> > > > > visa, since F-1 visas do not allow immigration intent.
> > > >
> > > > My understanding is that mere filing of I-130 does not give in state
> > > > tuition rights to prospective immigrants,
> > >
> > > That is correct. However, the OP stated that he was already getting
> in-state
> > > tuition. Filing an I-130 won't change that.
> > >
> > > > I-130 has to be approved by
> > > > BCIS and pending its portability and availibility only allows in state
> > > > tuition rights.Since i am not a legal person, let us have some
> > > > thoughts on this issues!!!!
> >
> > Thank you everybody that reply this post. I'm really appreciate this.
> > Assuming that my uncle got the receipt notice from INS, stating that
> > the I-130 is filing. If I decide to become part-time at my college,
> > working on-campus. That's mean I won't follow any F-1 obligation. And
> > waiting for my I-130 approval. When my priority date is current and my
> > I-130 is approved, can I still go ahead and file I-485 (Adjustment of
> > Status), regardless of my F-1 status violation.
>
> No. Filing an I-485 Adjustment of Status application is only possible if you
> have maintained valid immigration status the whole time you where in the US.
> If you haven't you have to apply for an immigrant visa in the US consulate
> in your home country, after the I-130 petition is approved.
Thanks. If while the I-130 is pending, can my mom apply for an Tourist
visa to visit USA. Besides CA and texas, do u know any state that
allow I-130 pending pay in-state tuition. When I transfer to another
college, should I say that I'm on F-1 visa status and I-130 pending,
or should I only say that my I-130 pending. Which one is benefit more.
I just send email to the University of Illinois and they said that I
have to get an actual green card to pay in-state tuition. Because I'm
still on F-1 visa status. That's the reason why I don't allow to pay
in-state tuition. Please help me.
> "jake2002vn" <[email protected]> wrote in message
> news:[email protected] om...
> > "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<Jqv0d.1093$MS1.238@trnddc02>...
> > > "pammoo" <[email protected]> wrote in message
> > > news:[email protected] om...
> > > > "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<aLb0d.24240$x12.20178@trnddc05>...
> > > > > "jake2002vn" <[email protected]> wrote in message
> > > > > news:[email protected] m...
> > > > > > Hi, I am currently an F-1 student in Ohio. I have an uncle who
> willing
> > > > > > to file I-130 for my mom to immigrate to America through
> family-based
> > > > > > (brother and sister). Under the I-130 application, I will be an
> > > > > > accompaning relatives. I know that the process is very long. But I
> > > > > > would like to know when my uncle file I-130 to USCIS, and get the
> > > > > > receipt back from the USCIS say that they got his application. In
> that
> > > > > > receipt, do my name appear as an accompaning relatives.
> > > > >
> > > > > No
> > > > >
> > > > > > While waiting
> > > > > > for the I-130 pending, can I still attending school and pay
> in-state
> > > > > > tuition.
> > > > >
> > > > > Yes. However, you will have a problem if you ever have to renew your
> F-1
> > > > > visa, since F-1 visas do not allow immigration intent.
> > > >
> > > > My understanding is that mere filing of I-130 does not give in state
> > > > tuition rights to prospective immigrants,
> > >
> > > That is correct. However, the OP stated that he was already getting
> in-state
> > > tuition. Filing an I-130 won't change that.
> > >
> > > > I-130 has to be approved by
> > > > BCIS and pending its portability and availibility only allows in state
> > > > tuition rights.Since i am not a legal person, let us have some
> > > > thoughts on this issues!!!!
> >
> > Thank you everybody that reply this post. I'm really appreciate this.
> > Assuming that my uncle got the receipt notice from INS, stating that
> > the I-130 is filing. If I decide to become part-time at my college,
> > working on-campus. That's mean I won't follow any F-1 obligation. And
> > waiting for my I-130 approval. When my priority date is current and my
> > I-130 is approved, can I still go ahead and file I-485 (Adjustment of
> > Status), regardless of my F-1 status violation.
>
> No. Filing an I-485 Adjustment of Status application is only possible if you
> have maintained valid immigration status the whole time you where in the US.
> If you haven't you have to apply for an immigrant visa in the US consulate
> in your home country, after the I-130 petition is approved.
Thanks. If while the I-130 is pending, can my mom apply for an Tourist
visa to visit USA. Besides CA and texas, do u know any state that
allow I-130 pending pay in-state tuition. When I transfer to another
college, should I say that I'm on F-1 visa status and I-130 pending,
or should I only say that my I-130 pending. Which one is benefit more.
I just send email to the University of Illinois and they said that I
have to get an actual green card to pay in-state tuition. Because I'm
still on F-1 visa status. That's the reason why I don't allow to pay
in-state tuition. Please help me.
Sep 14th 2004, 11:59 pm
#12
Guest
Posts: n/a
Re: F-1 and I-130 Pending
"jake2002vn" <[email protected]> wrote in message
> > > Thank you everybody that reply this post. I'm really appreciate this.
> > > Assuming that my uncle got the receipt notice from INS, stating that
> > > the I-130 is filing. If I decide to become part-time at my college,
> > > working on-campus. That's mean I won't follow any F-1 obligation. And
> > > waiting for my I-130 approval. When my priority date is current and my
> > > I-130 is approved, can I still go ahead and file I-485 (Adjustment of
> > > Status), regardless of my F-1 status violation.
> >
> > No. Filing an I-485 Adjustment of Status application is only possible if
you
> > have maintained valid immigration status the whole time you where in the
US.
> > If you haven't you have to apply for an immigrant visa in the US
consulate
> > in your home country, after the I-130 petition is approved.
> Thanks. If while the I-130 is pending, can my mom apply for an Tourist
> visa to visit USA.
That may turn out to be very difficult. A tourist visa does not allow
immigration intent, which is demonstrated by the pending I-130 petition.
Since it will take so long for an I-130 petition filed by a sibling to be
approved, it may work, but there is no guarantee.
> Besides CA and texas, do u know any state that
> allow I-130 pending pay in-state tuition.
A pending I-130 by itself does not grant the beneficiary the right to reside
in the US. Consequently, it is of no relevance towards in-state tuition
eligibility.
> When I transfer to another
> college, should I say that I'm on F-1 visa status and I-130 pending,
> or should I only say that my I-130 pending.
> Which one is benefit more.
They will not allow you to register on just a pending I-130, unless they are
ignorant about immigration law.
> I just send email to the University of Illinois and they said that I
> have to get an actual green card to pay in-state tuition. Because I'm
> still on F-1 visa status. That's the reason why I don't allow to pay
> in-state tuition. Please help me.
Each school has its own rules to determine whether a student is eligible for
in-state tuition rates. Often, having resided and paid taxes in the same
state for 1 year is sufficient.
> > > Thank you everybody that reply this post. I'm really appreciate this.
> > > Assuming that my uncle got the receipt notice from INS, stating that
> > > the I-130 is filing. If I decide to become part-time at my college,
> > > working on-campus. That's mean I won't follow any F-1 obligation. And
> > > waiting for my I-130 approval. When my priority date is current and my
> > > I-130 is approved, can I still go ahead and file I-485 (Adjustment of
> > > Status), regardless of my F-1 status violation.
> >
> > No. Filing an I-485 Adjustment of Status application is only possible if
you
> > have maintained valid immigration status the whole time you where in the
US.
> > If you haven't you have to apply for an immigrant visa in the US
consulate
> > in your home country, after the I-130 petition is approved.
> Thanks. If while the I-130 is pending, can my mom apply for an Tourist
> visa to visit USA.
That may turn out to be very difficult. A tourist visa does not allow
immigration intent, which is demonstrated by the pending I-130 petition.
Since it will take so long for an I-130 petition filed by a sibling to be
approved, it may work, but there is no guarantee.
> Besides CA and texas, do u know any state that
> allow I-130 pending pay in-state tuition.
A pending I-130 by itself does not grant the beneficiary the right to reside
in the US. Consequently, it is of no relevance towards in-state tuition
eligibility.
> When I transfer to another
> college, should I say that I'm on F-1 visa status and I-130 pending,
> or should I only say that my I-130 pending.
> Which one is benefit more.
They will not allow you to register on just a pending I-130, unless they are
ignorant about immigration law.
> I just send email to the University of Illinois and they said that I
> have to get an actual green card to pay in-state tuition. Because I'm
> still on F-1 visa status. That's the reason why I don't allow to pay
> in-state tuition. Please help me.
Each school has its own rules to determine whether a student is eligible for
in-state tuition rates. Often, having resided and paid taxes in the same
state for 1 year is sufficient.
Sep 15th 2004, 12:08 am
#13
Guest
Posts: n/a
Re: F-1 and I-130 Pending
[email protected] (jake2002vn) wrote in message news:<[email protected]. com>...
> "Jozef" <jozef.*take this out*[email protected]> wrote in message news:<eN21d.3531$xH1.3310@trnddc03>...
> > "jake2002vn" <[email protected]> wrote in message
> > news:[email protected] om...
> > > "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<Jqv0d.1093$MS1.238@trnddc02>...
> > > > "pammoo" <[email protected]> wrote in message
> > > > news:[email protected] om...
> > > > > "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<aLb0d.24240$x12.20178@trnddc05>...
> > > > > > "jake2002vn" <[email protected]> wrote in message
> > > > > > news:[email protected] m...
> > > > > > > Hi, I am currently an F-1 student in Ohio. I have an uncle who
> willing
> > > > > > > to file I-130 for my mom to immigrate to America through
> family-based
> > > > > > > (brother and sister). Under the I-130 application, I will be an
> > > > > > > accompaning relatives. I know that the process is very long. But I
> > > > > > > would like to know when my uncle file I-130 to USCIS, and get the
> > > > > > > receipt back from the USCIS say that they got his application. In
> that
> > > > > > > receipt, do my name appear as an accompaning relatives.
> > > > > >
> > > > > > No
> > > > > >
> > > > > > > While waiting
> > > > > > > for the I-130 pending, can I still attending school and pay
> in-state
> > > > > > > tuition.
> > > > > >
> > > > > > Yes. However, you will have a problem if you ever have to renew your
> F-1
> > > > > > visa, since F-1 visas do not allow immigration intent.
> > > > >
> > > > > My understanding is that mere filing of I-130 does not give in state
> > > > > tuition rights to prospective immigrants,
> > > >
> > > > That is correct. However, the OP stated that he was already getting
> in-state
> > > > tuition. Filing an I-130 won't change that.
> > > >
> > > > > I-130 has to be approved by
> > > > > BCIS and pending its portability and availibility only allows in state
> > > > > tuition rights.Since i am not a legal person, let us have some
> > > > > thoughts on this issues!!!!
> > >
> > > Thank you everybody that reply this post. I'm really appreciate this.
> > > Assuming that my uncle got the receipt notice from INS, stating that
> > > the I-130 is filing. If I decide to become part-time at my college,
> > > working on-campus. That's mean I won't follow any F-1 obligation. And
> > > waiting for my I-130 approval. When my priority date is current and my
> > > I-130 is approved, can I still go ahead and file I-485 (Adjustment of
> > > Status), regardless of my F-1 status violation.
> >
> > No. Filing an I-485 Adjustment of Status application is only possible if you
> > have maintained valid immigration status the whole time you where in the US.
> > If you haven't you have to apply for an immigrant visa in the US consulate
> > in your home country, after the I-130 petition is approved.
>
> Thanks.
If there would be thing like 245i (which is for those I-130 filed by
April 30, 2001) when your immigrant visa become avilable, you would be
able to do AOS.
> If while the I-130 is pending, can my mom apply for an Tourist
> visa to visit USA.
I'll skip the above question.
>Besides CA and texas, do u know any state that
> allow I-130 pending pay in-state tuition.
Every state, according to a director of an English langauage Institute
at a university here in CA.
> When I transfer to another
> college, should I say that I'm on F-1 visa status and I-130 pending,
> or should I only say that my I-130 pending.
> I-130 pending is enough. Say about having F-1 initially if asked.
> Which one is benefit more.
> I just send email to the University of Illinois and they said that I
> have to get an actual green card to pay in-state tuition. Because I'm
> still on F-1 visa status. That's the reason why I don't allow to pay
> in-state tuition. Please help me.
Remember that you have to be inside the state for one year before you
can get isntate tuition fees.
Contact an immigramtion lawyer from Illinois (preferrably someone the
students uses) to ask whether Illinois has state law regarding instate
tuition fees unless you can find it some other way; may be a law
library?
> "Jozef" <jozef.*take this out*[email protected]> wrote in message news:<eN21d.3531$xH1.3310@trnddc03>...
> > "jake2002vn" <[email protected]> wrote in message
> > news:[email protected] om...
> > > "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<Jqv0d.1093$MS1.238@trnddc02>...
> > > > "pammoo" <[email protected]> wrote in message
> > > > news:[email protected] om...
> > > > > "Jozef" <jozef.*take this out*[email protected]> wrote in message
> news:<aLb0d.24240$x12.20178@trnddc05>...
> > > > > > "jake2002vn" <[email protected]> wrote in message
> > > > > > news:[email protected] m...
> > > > > > > Hi, I am currently an F-1 student in Ohio. I have an uncle who
> willing
> > > > > > > to file I-130 for my mom to immigrate to America through
> family-based
> > > > > > > (brother and sister). Under the I-130 application, I will be an
> > > > > > > accompaning relatives. I know that the process is very long. But I
> > > > > > > would like to know when my uncle file I-130 to USCIS, and get the
> > > > > > > receipt back from the USCIS say that they got his application. In
> that
> > > > > > > receipt, do my name appear as an accompaning relatives.
> > > > > >
> > > > > > No
> > > > > >
> > > > > > > While waiting
> > > > > > > for the I-130 pending, can I still attending school and pay
> in-state
> > > > > > > tuition.
> > > > > >
> > > > > > Yes. However, you will have a problem if you ever have to renew your
> F-1
> > > > > > visa, since F-1 visas do not allow immigration intent.
> > > > >
> > > > > My understanding is that mere filing of I-130 does not give in state
> > > > > tuition rights to prospective immigrants,
> > > >
> > > > That is correct. However, the OP stated that he was already getting
> in-state
> > > > tuition. Filing an I-130 won't change that.
> > > >
> > > > > I-130 has to be approved by
> > > > > BCIS and pending its portability and availibility only allows in state
> > > > > tuition rights.Since i am not a legal person, let us have some
> > > > > thoughts on this issues!!!!
> > >
> > > Thank you everybody that reply this post. I'm really appreciate this.
> > > Assuming that my uncle got the receipt notice from INS, stating that
> > > the I-130 is filing. If I decide to become part-time at my college,
> > > working on-campus. That's mean I won't follow any F-1 obligation. And
> > > waiting for my I-130 approval. When my priority date is current and my
> > > I-130 is approved, can I still go ahead and file I-485 (Adjustment of
> > > Status), regardless of my F-1 status violation.
> >
> > No. Filing an I-485 Adjustment of Status application is only possible if you
> > have maintained valid immigration status the whole time you where in the US.
> > If you haven't you have to apply for an immigrant visa in the US consulate
> > in your home country, after the I-130 petition is approved.
>
> Thanks.
If there would be thing like 245i (which is for those I-130 filed by
April 30, 2001) when your immigrant visa become avilable, you would be
able to do AOS.
> If while the I-130 is pending, can my mom apply for an Tourist
> visa to visit USA.
I'll skip the above question.
>Besides CA and texas, do u know any state that
> allow I-130 pending pay in-state tuition.
Every state, according to a director of an English langauage Institute
at a university here in CA.
> When I transfer to another
> college, should I say that I'm on F-1 visa status and I-130 pending,
> or should I only say that my I-130 pending.
> I-130 pending is enough. Say about having F-1 initially if asked.
> Which one is benefit more.
> I just send email to the University of Illinois and they said that I
> have to get an actual green card to pay in-state tuition. Because I'm
> still on F-1 visa status. That's the reason why I don't allow to pay
> in-state tuition. Please help me.
Remember that you have to be inside the state for one year before you
can get isntate tuition fees.
Contact an immigramtion lawyer from Illinois (preferrably someone the
students uses) to ask whether Illinois has state law regarding instate
tuition fees unless you can find it some other way; may be a law
library?
Sep 15th 2004, 4:37 am
#14
Forum Regular
Joined: Aug 2004
Posts: 60
Re: F-1 and I-130 Pending
What about someone who filed I-130 before April 31, 2001... but was not physically present in the US at the time. Will that person be eligible for AOS (if that person is in the US right now) under 245i once the I-130 is approved and priority date becomes current?
Anyone ever heard or experienced difficulties with "physical presence" condition with 245i? Any idea if USCIS is harsh on this rule?
Fill me in people.
Thanks guys.
Anyone ever heard or experienced difficulties with "physical presence" condition with 245i? Any idea if USCIS is harsh on this rule?
Fill me in people.
Thanks guys.
Sep 15th 2004, 6:03 pm
#15
Guest
Posts: n/a
Re: F-1 and I-130 Pending
Mo007 <member28317@british_expats.com> wrote in message news:<[email protected] om>...
<snip>
>
> What about someone who filed I-130 before April 31, 2001...
Now that I think about it, I think it is any I-130 filing before
April 30, 2001 not need to eb approved.
> but was not
> physically present in the US at the time.
I just used the term *preent in US* because only the ones inside can
do AOS once the immigrant visa becomes availble for that priority
date. Those outisde US must do Consular processing (CP) once immigrant
visas become availabel for that PD.
> Will that person be eligible
> for AOS (if that person is in the US right now) under 245i once the I-
> 130 is approved and priority date becomes current?
Yes.
>
> Anyone ever heard or experienced difficulties with "physical presence"
> condition with 245i?
Read about 245i. Got to http://uscis.gov
> Any idea if USCIS is harsh on this rule?
Don't worry about it. Byt the time immigrant visas becomes available
for the PD assigned for those for whom I-130 was filed after April 30,
2001, I am pretty sure there will be another 245i. The more
important things is if your visa is out of status currently, don't get
caught cus you will get a deportation letter.
>
> Fill me in people. :D
>
> Thanks guys.
<snip>
>
> What about someone who filed I-130 before April 31, 2001...
Now that I think about it, I think it is any I-130 filing before
April 30, 2001 not need to eb approved.
> but was not
> physically present in the US at the time.
I just used the term *preent in US* because only the ones inside can
do AOS once the immigrant visa becomes availble for that priority
date. Those outisde US must do Consular processing (CP) once immigrant
visas become availabel for that PD.
> Will that person be eligible
> for AOS (if that person is in the US right now) under 245i once the I-
> 130 is approved and priority date becomes current?
Yes.
>
> Anyone ever heard or experienced difficulties with "physical presence"
> condition with 245i?
Read about 245i. Got to http://uscis.gov
> Any idea if USCIS is harsh on this rule?
Don't worry about it. Byt the time immigrant visas becomes available
for the PD assigned for those for whom I-130 was filed after April 30,
2001, I am pretty sure there will be another 245i. The more
important things is if your visa is out of status currently, don't get
caught cus you will get a deportation letter.
>
> Fill me in people. :D
>
> Thanks guys.