# accepted?



## cizzi (Sep 25, 2008)

in november 2002 my mother filed I-130 form for me.. we got a letter saying it was approved but till this day our priority date has not become current, once it becomes ccurrent am I garanteed to get a green card? and when i get it do i have to move to the US right away or can i got in a few years when im ready? how long does a GC last?


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## Fatbrit (May 8, 2008)

cizzi said:


> in november 2002 my mother filed I-130 form for me.. we got a letter saying it was approved but till this day our priority date has not become current, once it becomes ccurrent am I garanteed to get a green card? and when i get it do i have to move to the US right away or can i got in a few years when im ready? how long does a GC last?


Guaranteed? No! Change of status (e.g. your mother applied for you as unmarried and you subsequently married), arrests and convictions, diseases, and failure to prove you won't be a burden on public resources could all prevent you from getting an immigrant visa.

You've got six months from issue of the visa to entering the US and becoming a PR. You've got 1 year every time the consulate asks you to produce something if you want to slow the process down. It'll normally take around 8 months for the consulate to process your visa if you don't intentionally add delays, give or take.

The GC is valid for 10 years, renewable. But the GC is merely a proof of your permanent residence status. You can lose this for: abandoning your residency, committing a crime, etc. Visiting the US for two weeks a year but living and working in Canada is probably not going to cut it....if that was what you were thinking! The only sure way to stay is to take US citizenship after 5 years of permanent residency.


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## cizzi (Sep 25, 2008)

Fatbrit said:


> Guaranteed? No! Change of status (e.g. your mother applied for you as unmarried and you subsequently married), arrests and convictions, diseases, and failure to prove you won't be a burden on public resources could all prevent you from getting an immigrant visa.
> 
> You've got six months from issue of the visa to entering the US and becoming a PR. You've got 1 year every time the consulate asks you to produce something if you want to slow the process down. It'll normally take around 8 months for the consulate to process your visa if you don't intentionally add delays, give or take.
> 
> The GC is valid for 10 years, renewable. But the GC is merely a proof of your permanent residence status. You can lose this for: abandoning your residency, committing a crime, etc. Visiting the US for two weeks a year but living and working in Canada is probably not going to cut it....if that was what you were thinking! The only sure way to stay is to take US citizenship after 5 years of permanent residency.



so if i dont move to the us after the GC is issued I may lose it and have to re-apply? i can't lets say get the GC and move there in 5 years from when i get it ?


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## Fatbrit (May 8, 2008)

cizzi said:


> so if i dont move to the us after the GC is issued I may lose it and have to re-apply? i can't lets say get the GC and move there in 5 years from when i get it ?


You must enter the US within 6 months of the visa being issued -- if you don't, it's gone!

Once you've entered under an immigrant visa, you're a permanent resident and have all the rights and obligations that go along with this status. And now you have to abandon your permanent residency to lose it -- or do something bad! And you also have the right of judicial review. The law concerning abandonment of permanent residency is VERY complicated. It's not just a matter of time out and time in but also has much to with your intent and actions. Folks have kept their residency after 10 years out (and a large lawyer's bill), while others have lost it after a year or less out. 

A decade or more ago, you'd hear of folks maintaining their residency by popping in for a 2-week vacation every year. This doesn't work these days, I'm afraid. Some scenarios might work with 5 years out, others won't.


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## cizzi (Sep 25, 2008)

Fatbrit said:


> You must enter the US within 6 months of the visa being issued -- if you don't, it's gone!
> 
> Once you've entered under an immigrant visa, you're a permanent resident and have all the rights and obligations that go along with this status. And now you have to abandon your permanent residency to lose it -- or do something bad! And you also have the right of judicial review. The law concerning abandonment of permanent residency is VERY complicated. It's not just a matter of time out and time in but also has much to with your intent and actions. Folks have kept their residency after 10 years out (and a large lawyer's bill), while others have lost it after a year or less out.
> 
> A decade or more ago, you'd hear of folks maintaining their residency by popping in for a 2-week vacation every year. This doesn't work these days, I'm afraid. Some scenarios might work with 5 years out, others won't.


The process doesn't seem that customizable, I mean I'm happy living here in Canada as I was born here and lived here over 30 years ... but I also want to keep my options open for later.. lets say i want to move there years down the road... seems a bit strange that you only have a 6 month window... im sure there is other ways


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## Tiffani (Dec 4, 2007)

The US seems to work under the assumption that everyone in the world is just DYING to move to the US and if they deign to give you a Green Card, you should be jumping at the chance to live and work there legally  And actually I can't disagree entirely given the numbers of people who take their chances on getting in however they can, legally or otherwise, although I do find it bemusing considering the economic crisis in the US at the moment... it's not exactly the Ivory Tower that it may have been once upon a time.

Australia, by contrast, gives you five years to get here!


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## Fatbrit (May 8, 2008)

cizzi said:


> The process doesn't seem that customizable, I mean I'm happy living here in Canada as I was born here and lived here over 30 years ... but I also want to keep my options open for later.. lets say i want to move there years down the road... seems a bit strange that you only have a 6 month window... im sure there is other ways


If you throw this petition, it's no harm, no foul with respect to fresh applications. But getting into the US is not easy -- as you may have gathered from your long wait. And believe me, some people who have had much more difficult routes to gain residency would think you've been on an easy ride with a family petition.

BTW, if your mother is a USC, you might be, too. Are you absolutely sure you're not? Would solve all your problems.


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## cizzi (Sep 25, 2008)

Fatbrit said:


> If you throw this petition, it's no harm, no foul with respect to fresh applications. But getting into the US is not easy -- as you may have gathered from your long wait. And believe me, some people who have had much more difficult routes to gain residency would think you've been on an easy ride with a family petition.
> 
> BTW, if your mother is a USC, you might be, too. Are you absolutely sure you're not? Would solve all your problems.




My mom has a valid US passport, she is a citizen, my 2 sisters got naturalized because when they applied they were under 18. I was over 21 when I applied so I was told I had to go through this I-130 process.


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## k21815 (Aug 28, 2008)

*response to Tiffani*



Tiffani said:


> The US seems to work under the assumption that everyone in the world is just DYING to move to the US and if they deign to give you a Green Card, you should be jumping at the chance to live and work there legally  And actually I can't disagree entirely given the numbers of people who take their chances on getting in however they can, legally or otherwise, although I do find it bemusing considering the economic crisis in the US at the moment... it's not exactly the Ivory Tower that it may have been once upon a time.
> 
> Australia, by contrast, gives you five years to get here!


Actually I would not disagree with you on this. In our company here in California there are more Brits and Aussies now then ever before (our CEO is from London) In fact I just heard that 2 of my cousins (born and raised in Sydney) are coming here to do their masters here at UCLA and look for a job.


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## cizzi (Sep 25, 2008)

k21815 said:


> Actually I would not disagree with you on this. In our company here in California there are more Brits and Aussies now then ever before (our CEO is from London) In fact I just heard that 2 of my cousins (born and raised in Sydney) are coming here to do their masters here at UCLA and look for a job.


I'm better off staying in canada anyways.. much more stable country.. and free healthcare .. the usa is nice to visit once in a while on vacation... thanks for your answers folks..


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