iniaki

I know this is a Marriage based NG, but, since all of you have been so great and full of information, I thought I would ask this in the hopes that one of you would know.

My mom sent an I-130 petition for her brother in 2000. I check the Texas Service center and it says they are looking at 130's for Sept. 1999, after which, they have to wait for a visa number. The dept. of state is granting visa numbers to applicants who filed in March 1993. So as you can see a long, long, long, wait till he gets a visa number.
My question is:
If he is here in the U.S. waiting for his number, once he gets it, he can apply for AOS (I-485). Will he be granted AOS if he has remained illegal here all those years?
Or, can he file for AOS and pay the $1000 fine for having been here illegally?

Rete

Depends on what your definition of illegal is. If he entered the US without inspection and is undocumented, then no, he cannot. If he entered with a valid visa and was inspected, then yes. BTW the wait for a visa for a brother or sister of a USC is approximately 20 years.

Noorah101

OMG, 20 years??? Just so I understand it, if Sadegh ever becomes a citizen, and decides to petition for a sibling to come here, it would take about 20 years for them to get the visa to come here?? (You're talking about a PR visa, right?) Wow...that's some long wait, isn't it! I wonder how many people apply for that and actually follow through with it 20 years later!

Approximately how long is the wait for the parent of a USC?

Thanks,
Rene

Folinskyinla

Hi:

For visa petitions filed between 1-15-98 and 4-30-2001, the beneficiary must have been present in the US on December 21, 2000.

Furthermore deponent sayeth not.

Hypertweeky

If he entered the US without inspection (an immigration officer checking his visa, paperwork or whatever) then he won't be able to AOS, if he entered with a valid visa but overstayed then yeah.
Good Luck!!

Hypertweeky

Thank God my siblings don't want to live here!!:scared:

utopiacowboy

Why do you say it's 20 years? If they are now issuing visas for sibling applicants from March, 1993 that looks like 12 years to me.

Hypertweeky

Hola Lindo!!
It is nice to see you around. I think we all have miscalculated!!
Rete we bet take some math classes ASAP!!!, by the way how are your immigration classes going?

Noorah101

I think it looks like approx. 6 years to get the I-130 approved, at which point they will put your name on the visa waiting list, which looks like approx. 12 years long, thus a total of 18 years. Pretty close to the 20 that Rete said. That's how I got to the calculation, anyway.

It looks like they're now issuing visas from 12 years ago, which had already waited 6 years before that for their I-130's to be approved. I guess....

Rene

Folinskyinla

Hi:

The cut-off DATE is 12 years back. But only a certain number of visas are issued every year -- there is a numerical limitation in the Immigration & Nationlaity Act.

Roughly pseaking, what the poster was saying that in the 12 years since 1993, 20 years worth of applicants have had petitions filed on their behalf.

Actually, there is no real way of telling --

They don't give you the number of individual petitions waiting ahead of you. Also, people die, marry, have kids, divorce, immigrate some other way -- so there is no real way to tell how many people are ahead of you.

utopiacowboy

Good points. Way back about 1981 I filed an I-130 for my brother which was approved and then we waited for many years until his preference number came up. That would have been in the early 1990s. By that time he was so settled in his life that he had no interest in applying for the visa so he passed it up. I have no doubt that this happens often.

Rete

that is just for the approval of an I-130. that does not include the adjustment itself which might take even longer.

Brothers and sisters of USC are fourth preference category. The lowman on the totem pole unforunately.

Hypertweeky

No math classes then huh?

MightBe

A UK associate just received his GC in January that his sisted filed for 13 years to the months ago.

Hypertweeky

That is fast!!, I am glad to hear it didn't take 20 years!. I feel so bad because I ranted (quite a few times) about how long it took for us to get the K3 visa, Next time I rant about the lenght of the process.. kick my arse please!!