Q: I have a question about the I-130 petition
I have a question about the I-130 petition. If my wife and I arrive to the USA with our child first, and my mother then submits an I-130 petition, am I allowed to stay in the country with my family while the petition is being decided? Please provide a rule explanation and some references regarding this matter.
Thanks
A: You need to look at the department of state visa bulletin board final action dates, to determine roughly how long your case processing will take until your priority date is current. Because you are being sponsored, I assume , by a US citizen mother, and you are an adult married son, you would be in the F3 category, and their processing times are backlogged up to 14 years. You can only adjust status if you are in lawful status And you can only adjust status when your priority date becomes current. Thus, unless you can find a way to maintain a non-immigrant status for a period of 14 years, I seriously doubt that you would be permitted to stay in the United States. Please excuse any type of graphical errors, as I am dictating this into a microphone device.
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