This qstn is on behalf of my dad...their priority date is apr 24 '2001...for i-130 is approved..when wil they get the GC. thnx

Asked over 1 year ago - Fontana, CA

my dad filed his I-485 ...petition for an alien relative,...applicant is my Uncle (Us Citizen ) n beneficiary is my father.they got approved n underwent fingerprints n background check n an interview in may 2011. their case was approved..current date on visa bulletin dashborad for F4 category as of january 2013 bulletin is 08 april 2001.i need to know when wil their date be current n how long is the expected wait time? will they be getting greencard by mail or cud there be any more interviews to follow?
thanks

Additional information

I apologise for the wrong input from my side...I clarified with my dad n it is 245i that he filed n not 485...also country or origin is India.
Thanks to all for ur quick response,

Attorney answers (4)

  1. F. J. Capriotti III

    Contributor Level 20

    7

    Lawyers agree

    1

    Answered . How far the priority dates advance each month is anyone's guess. This website, www.myprioritydate.com is fairly good at 'guessing'.

    I'm a little confused as to why he filed an I-485 ... hopefully he is in the US lawfully .... otherwise, that may have been the wrong form.

    It is not too late to talk to an attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Haroen Calehr

    Pro

    Contributor Level 17

    5

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    Answered . As my colleague attorney Capriotti mentioned its somewhat confusing your question and I'm worried about your dad being here. If he's here, he must be using INA 245(i) since his case was filed before April 30, 2001? Where he had to pay the $1000 fine? The I-485 can only be applied for someone who already is in the US not from outside. Furthermore, it can only be applied for someone who is here legally OR who is grandfathered into an expired law called INA 254(i) which allowed individuals with an approved I-130 (family) or I-140 (employment) whose priority date has been reached, ie is current, AND who is locked in to this expired law to pay a fine of $1000 and still be able to apply for their green card (I-485) from inside the US. IF as you state your dad has already applied for his I-485, the priority had to be current otherwise they will reject the application for being untimely filed. Only if the priority date is current, ie Family category 4 is now showing a December or January 2013 priority date of on or before April 2001 can he apply. If he already applied then the delay may be the security background checks. You should really seek a consultation with competent immigration counsel to flush out all the issues.

  3. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    5

    Lawyers agree

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    Answered . I agree. It is also unclear whether he filed his adjustment of status too early 'before' the priority date was current. If he filed too early, then the adjusment applications should be denied as a matter of law.

    In addition, as stated, if the I-130 petitions were filed by April 30, 2001, then there may be a chance that he and your family can grandfather in based upon the $1000 penalty rule.

    If you do not have a competent immigration attorney representing you, then you should seek a second opinion to make sure that the matter is under control. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.
  4. Veronica Tunitsky

    Contributor Level 18

    4

    Lawyers agree

    Answered . Your facts are a little confusing. Do you mean your uncle filed an I-130 for your dad in 2001 and you're waiting for the priority date to become current so your father can then file an I-485 to adjust status?

    Also unclear is your father's country of origin. As you might have noticed on the visa bulletin, priority dates depend not only on when the petition was filed, but also the country. The priority date you

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more

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