Subject: new-commer to LADnet

From: [email-masked]
Date: Fri, 6 May 94 12:36:29 CDT

Dear Lads committee members:

I am glad to know that there is a LADnet. I just sign-on this net. As a new-
commer, I'd like to say good luck and thanks to everybody who concerns about
Lads. Following is about my situation and questions. I would very appreciate if
someone could take a time to look at it and give me some advice or suggestion. 

I belongs to CSPA principals. I send my application for green-card in early
Setember 1993, a few days before my wife arrived in the U.S.A..  I got the
Green-card in January 1994.

My wife belongs to out-of-status lads. She arrived in USA as F-2 in mid Sept.
1993. But she was late to catch up the Sept.30's "open window". The local INS
(at Memphis,Tennessee) received her application for green-card at Oct.5.  So
they refused and returned her applications and told us that she is not 
eligible to file an adjustment of status applications. But they also send us a
Form I-130, Pettion for Alien Relative, along with the returned applications. 
I filed this form and send it with $75 check to the INS at Irving, Texas as 
they required. I first received a "Receipt notice". Then, I received an 
"Approval notice" in late January this year. The Approval notice says that the 
petition has been approved, but my wife is still not eligible to file the
application for Green-card; accordingly, they completes all INS action on my 
petition and send my approved petition to the Department of State Immigrant 
Visa Processing Center (TIVPC), and the TIVPC will communicate with my wife 
shortly. But by this time, I have not received any letter or call from the
Immigrant Visa Center. 

Above is my situation. I'd like to present following questions to you or any
other interested LAD netters: 
1) Are there any people with the simmilar case to mine?   
2) What can I do next?
3) Is my wife eligible to apply for working permit or enrole in school? And how
to apply?
4) How long will she wait for the available Visa number? 
5) Does IFCSS reach any new results with INS that are favarable to both the
out-of-status and in-status Lads?

I has asked the above questions to the International student adviser of our
university. She said that my wife can do nothing except waiting. I certainly
do not saticefy with this answser. I plan to find a knowledgeble lawer and
ask those questions to him. But at the same time, I also welcome the advices or
suggestions from you and other LAD netters. If I have good news or useful
experience, I like to post them on this LADnet and share those with all other
LAD netters.

Thank you very much for your time and concerns! I am looking forward to hearing
from you soon! 

Jianwei Cao 

PS: My E-mail address: [email-masked]

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From: [email-masked] (Xiaozhong Wang)
Date: Fri, 6 May 94 14:02:30 CDT

> out-of-status and in-status Lads?

I could only hope that you had hired a lawyer earlier.  Case like this is
really not unusual.  As long as you were married before you filed your
application, your wife automatically qualify for filing "Following to join,
whether she is in Us or not".  Thus in addition to I-130, form I-824 should
be filed as well.  I am not sure if she is a "out of status case, since
there was the INS cable stating that *-2 visa holders did not lose his or
her valid status just because the principal filed I-485.  If some INS would
buy the arguement, your wife could have filed for PR during the March/April
time where the priority date had progressed to July 2nd.  At this time she
would be waiting for the greencard just like most of the netters here.

At this time, the only suggestion I have is to file I-824 for your wife. 
When the priority date of EB-3 progresses to your date, also file I-485 for
her.  Once you file I-485, she automatically fell into the status of
"pending permanent resident", that qualifies her for work permit, and in
most cases, attending school.
   
The waiting period for FB-2 (by filing I-130) has alway been long, typically
3-5 years.  If you file I-824, the waiting period should be around 1-3
years, depending on your priority date.