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I am a beneficiary of an I-130 petition filed by my LPR

Hello.I am a beneficiary of...
Hello.I am a beneficiary of an I-130 petition filed by my LPR mother. The I-130 has not been approved yet. The case was filed when I was 20 years old. According to the visa bulleting, a number is ***** available for me in my category but I reside overseas. I am now protected by the CSPA but this can chage anytime. I have two questions:1. Can I enter the USA and file my I-485 right away?2. Will I continue to be protedted by CSPA if I choose consular process? Thank you
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Answered in 5 minutes by:
3/22/2018
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,228
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Customer reply replied 1 month ago
Thank you

Yes, you are protected by CSPA in both cases.

If you have a visitor's visa or another visa, you can come to the US whenever you like. However, you are not supposed to be coming to the US as a visitor /or student/or work visa with the intentions to file your I-485 here. That is illegal. You are allowed to come just to visit and then while you are here, if the petition gets approved and you happen to be here then yes you can file the I-485. But again, those cannot be your intentions when you come here. You also may not be allowed in because the officers will see that you have an I-130 pending. That will be up to them.

Good luck to you and I hope this answer has helped you.

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Customer reply replied 1 month ago
Thank you very much. Just to conclude. I want to make sure that if I choose to do consular process I am protected by CSPA even if by the time I get an interview at the consulate the visa bulletin has retrogressed.
How much do you charge for the process with the consulate?
Customer reply replied 1 month ago
Also I read that immediate relatives of US citizens are exempt from the 30 60 day rule. Does it apply to LPRs petitioning for their children? thank you
Customer reply replied 1 month ago
hello?

I'm sorry, I stepped away and will be back shortly.

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Customer reply replied 1 month ago
thank you

Only immediate relatives of US citizens are exempt of the rule. And even for them, it is risky and they can still be denied. It doesn't mean that you can't come here with intentions just to visit if you have the visitor's visa and then later your intentions change. Many people come here without those intentions and sometimes the intentions form while they are here, a few months later.

Yes you will be protected by CSPA as soon as you pay the fee, once your I-130 is approved and you get the fee bill. Contact NVC as soon as the I-130 is approved and let them know that time is of the essence in your case.

For any other further questions about assistance, I would have to send you an offer to exchange contact information. That's the only way I can. I can send if you'd like and you can accept if you'd like. No pressure.

In any case, please kindly remember the rating. Thanks.

Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,228
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified
Jen Marie, Esq. and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you for your help.
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Jen Marie, Esq.
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,228
6,228 Satisfied Customers
Experience: She has worked on all types of U.S. Immigration cases since 2007.

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