I-130 First prefence?
Answer:
You will get a notice of action from USCIS saying that they received your I-130 application. It has a receipt number. It says on the paper that it will take like 20 to 70 days for them to decide whether it is approved or not. So while waiting just go to USCIS website and check the status of your application using the receipt no.
I am an illegal alien and mine was approved and I havent left the US and wont until I adjust my status otherwise I will suffer the consequence of getting ban for 10 years before I can enter the US. I still have 2 years before my priority date available to adjust my status for a green card.
If you're "first preference", this means an adult (21 yrs. or older) son or daughter of a US citizen, so no you're not here legally if your tourist visa status expired. Further, you're not eligible to apply for permanent residency from within the US if you let your status expire. You must consular process to obtain an immigrant visa.
In any event, permanent residency won't be available to you for about six years. If you have overstayed your current status by six months and then leave at this point, you will be barred from reentering for 3 years. If you overstay by 1 year, you will be barred from reentering for 10 years. To preserve your eligibility, you should be sure to depart prior to the six months of unlawful presence.
Please note First preference is NOT the same as "Immediate Relative" which another poster is describing. If you are under 21 and the child of a US citizen, you are an immediate relative and the answer above does not apply. First Preference, however, means FB-1 category. If you are in fact an immediate relative, you are immediately eligible to file an I-485 application for "green card".
As always, it's a good idea to consult with a lawyer who can get a fuller history and properly evaluate your option.
I-130 is used to file for a family member. which means your parent, sibling over 21, or grandparent needs to file it on your behalf. first perference means that you are a unmarried child (under the age of 21) of a US citizen.
You're not here illegally because you came here on a visa but you did overstay your visa. there's a difference.
it usually depends on what your priority date is when you get an I-797 form from the INS saying the recieved your I-130. However, if you an unmarried child under the age of 21 of a US citizen then the priority date does not apply and you can adjust your status right away.
After you are able to adjust you status, you will need to file I-485 to adjust your status along with the paper work if you wish to file for a work visa. after you file the I-485 and it is approved you will have an interview with INS where they'll ask you questions and all that. there's quite some paperwork when you file the I-485 that needs to be done. translation of original documents, doctors visits, etc.
the whole process can take a few months or it can take years. it all depends on what catergory you fall under.
good luck. it this helps
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