QUESTION

I have been approved of the I-130 but case is pending, since 2009 how long is the process wait, to get a visa number?

Asked on Feb 01st, 2013 on Immigration - New York
More details to this question:
Can I apply for a work permit with just my alien number? Or do adjust status?
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3 ANSWERS

The wait depends on multiple factors: where you are from and what category you are applying under. Google the visa bulletin to get more specific information. You are not eligible for a work permit based on the I-130. You may be able to qualify under a different application, so talk to a competent immigration attorney. Once you apply for adjustment of status, you can apply for a work permit, but only if you are eligible to adjust in the US. Again, this depends on multiple factors. Please talk to an attorney (and not a notario!) for help. The process is too expensive to do it wrong.
Answered on Feb 07th, 2013 at 3:41 AM

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You cannot get work authorization or adjust status just because your I-130 was approved. Every year, a limited number of immigrant visas is made available for relatives of U.S. citizens and permanent residents. The number of people who file I-130 petitions is far greater than the number of available visas. As a result, you have to wait until all the people for whom I-130 petitions were filed before yours would get their immigrant visas. In immigration practice, it is called waiting until your priority date (the date of filing of I-130 petition) becomes current. All this applies to you unless you are a so-called *immediate relative* - a spouse, a parent, or a child (under 21, unmarried) of a U.S. citizen; if you are in this category, there is no waiting time (but it does not look like you might be an immediate relative: if you were, your case would not have been pending since 2009). The waiting time is different for different categories and for citizens of different parts of the world. For example, for an unmarried son (over 21) of a U.S. citizen the waiting time is about 7 years - unless he is from Mexico (20 years waiting time) or from Philippines (15 years waiting time); at the same time, a brother of U.S. citizen will have to wait for his immigrant visa about 12 years (17 years - if he is from Mexico, 24 years - from Philippines). Since you did not say what is your category, you will have to look it up in the Visa Bulletin published by the U.S. Department of State every month (just Google "Visa Bulletin"). Finally, it appears that you are in the U.S. If that is true, you need to realize that your ability to adjust status depends on your immigration history - Are you in lawful status now? Will you be in a lawful immigration status all the time until your time to receive an immigrant visa comes? did you enter the U.S. with a visa or illegally? Were you ever in removal proceedings? Were you ever deported? etc. Quite a few of our clients cannot adjust status even though their I-130 petitions were approved and the priority dates are current, and have to go through one of several complicated processes. At the same time, you might possibly qualify for employment authorization in the U.S. if you are in one of the eligible categories. Gathering general information on the Internet can make you feel that you know your position, and what and how should be done. Practice shows that this feeling is often wrong, and I have seen many people who found this out the hard way. Let me assure you that the immigration law and regulations are complicated enough to confuse even attorneys who do not practice in this area every day. Do yourself a favor - ask a specialist to review your case and explain to you what is going to happen, when, and what has to be done to make you a U.S. permanent resident. It does not cost much, and you really don't want to have later a reason to regret not doing it.
Answered on Feb 06th, 2013 at 2:50 PM

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Adebola O. Asekun
How longer you have to wait for a I-130 petition filed in 2009 will depend on your country of birth, the immigration status of the person who filed your petition and the nature of your relationship to that person. Also, note that if your own marital status changed after the petition was filed, you may or may no longer have a "pending petition" No, you cannot apply for a work permit with just your alien number. You cannot file to adjust until your visa becomes current.
Answered on Feb 06th, 2013 at 5:10 AM

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