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What is the best thing I'll do before I apply AOS through Sec. 245(i) in the US? I mean, What is the appropriate procedure?

Dallas, TX |

I am petitioned by my US Citizen WWII Filipino Veteran Father. My priority date is 12/08/1995 and approval date is 01/08/1996 filed here in US Embassy Manila, Philippines with a category of F1 and I marry last January 25, 2005. My father sworn as a US Citizen here in US Embassy Manila, Philippines. But he did not go to the USA because of his age that he is alrealdy at his late 70's at that time he sworn in and no close relatives to live with in the USA. I am a holder of a valid tourist VISA and planning to go to USA on October 16, 2010. Does it mean that my category be converted first to F3 and be current before I can file AOS through Sec. 245(i)? Does it mean that I have to look for employer to petition me or have an H1B to backup the affidavit of support requirements.

Attorney Answers 2


  1. Best answer

    Since you are married, you will be in the third preference category. The priority date is not yet current, but based on the visa bulletin, you may see the priority date become current in the near future. I would recommend that you coordinate a consultation to discuss your case strategy to appropriately go over the details.

    Best of luck.

    Verdin Law Firm, LLC
    Dallas, TX


  2. You will probably want to consult with an experienced immigration attorney and I would have available these questions and answers.
    Is your father still alive? If he is dead you may have lost your I-130 petition.
    Once you married, you are no longer an adult child of a USC but an Married Adult child of a USC.
    Your priority date as an adult married is better than as a single adult.
    If the I-130 is lost, you would need to find a company to sponsor you as an H1B, then to obtain the permanent residency to file the Labor Certificate process for you.
    What is your education and work history?