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I130 approved but question of priority date

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  • I130 approved but question of priority date

    I applied for sibling visa in 2019 though my brother became a US citizen in 2008 and got I130 approved now in 2022. I got an email from National visa center letting me know that I can now login. After logging in the summary says that there are no visas available to proceed. My question is my priority date decides the GC time or the approval date ? Since my petition is approved am I now eligible for GC visa when it becomes available this year or next year (or near future)? Do I have wait for NVC to email again or since I am in US now on work visa can I go ahead with adjustment of status? Someone please respond. This is very confusing.

  • #2
    The priority date is the date when the I-130 was filed (you are saying this was in 2019?). Siblings are in the F4 category. According to the latest visa bulletin https://www.immihelp.com/visa-bulletin/, visa numbers are available for F4 with priority dates almost 15 years ago for people born in most countries (or even longer ago for people born in India, Mexico, or the Philippines). If the wait remains the same, you can expect a visa number to become available around 2034.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I know my priority date is 2019 but shouldnt my petition be approved in year 2019Plus14 = 2033 but it has been approved now. I have seen when others have their petition approved they have got next steps to do though their priority date was later. So I asked here.
      Last edited by smithabs; 01-26-2022, 04:28 PM.

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      • #4
        The I-130 approval is the VERY first. If you are in the US, you will have to Adjustment Status through USCIS. If you are outside USA, you will have to do consular processing via NVC. As Newacct said above, based on the current VISA Bulletin, and Nothing has change in immigration, you are looking at 15 years before you can adjust your status to permanent residence. For your information, I have an approved I-130 since 2010 with a priority date of 2008, I am still waiting. I have already completed my interview. I am in category F3 ( Son of a US Citizen).
        05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
        05/13 Rejected due to lack of I-864
        05/27 resubmitted with explanation
        06/03 Rejected again-same reason
        06/13 Resubmitted with I-864
        07/07 Lockbox emailed back and ask to resubmit
        07/09 Filings accepted with PD 05/08/20 (nice)
        08/06 Prior biometrics applied to I485
        08/28 Took biometrics for I-765 only
        09/28 I-765's Cards Ordered
        10/02 EAD/AP received
        04/12 Interview Sched
        05/11 Interview done approval on the spot but no USCIS update online

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        • #5
          Originally posted by smithabs View Post
          I know my priority date is 2019 but shouldnt my petition be approved in year 2019**4 = 2033 but it has been approved now. I have seen when others have their petition approved they have got next steps to do though their priority date was later. So I asked here.
          Petition approval has nothing to do with the wait for visa numbers. The petition is just about proving the relationship between the petitioner and beneficiary. When USCIS has finished adjudicating the form, it is approved. There is no reason why they would wait 15 years to approve the petition.

          This is my personal opinion and is not to be construed as legal advice.

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          • #6
            newacct and Tibwa Thanks for the reply. Tibwa, I dont understand your timeline. When did you apply for 485, was it 2020?
            Last edited by smithabs; 01-26-2022, 04:30 PM.

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            • #7
              Originally posted by smithabs View Post
              newacct and Tibwa Thanks for the reply. Tibwa, I dont understand your timeline. When did you apply for 485, was it 2020?
              Yes, May 2020 based on the Visa bulletin and the letter that I received from NVC to start my adjustment status. Please note although NVC contacted me, I am not doing consular processing because I am legally eligible to adjust my status in the US. Thus, I am working with USCIS. The approval of I-130 does not automatically make a visa available to you except if you are an Immediately Relative ( which you are not). It merely tells you USCIS agree that you can apply for an immigration visa. Now you have to wait until there is a visa available to you.

              Again PR for me is 12/08/08
              I-130 approval was 05/12/2010
              Filed I-485 for AOS on 05/08/2020
              Interview done but no visa is available for me as an F3-Likely due to COVID.
              05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
              05/13 Rejected due to lack of I-864
              05/27 resubmitted with explanation
              06/03 Rejected again-same reason
              06/13 Resubmitted with I-864
              07/07 Lockbox emailed back and ask to resubmit
              07/09 Filings accepted with PD 05/08/20 (nice)
              08/06 Prior biometrics applied to I485
              08/28 Took biometrics for I-765 only
              09/28 I-765's Cards Ordered
              10/02 EAD/AP received
              04/12 Interview Sched
              05/11 Interview done approval on the spot but no USCIS update online

              Comment

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