Petition For Alien Relative - Form I-130

[Laudawa]

Petition For Alien Relative - Form I-130 - Application

https://www.uscis.gov/sites/default/files/document/forms/i-130.pdf

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

I have a couple of questions about pages 7 and 8 of the I-130 Form

FIRST QUESTION

My sister is a U.S. Citizen and she is going to sponsor me.

At the bottom right hand corner of page 7...

ADDITIONAL INFORMATION ABOUT BENEFICIARY

53. Was the beneficiary EVER in immigration proceedings? YES OR NO

54. If you answered "Yes," select the type of proceeding and provide the location and date of the proceedings.

REMOVAL | RECISSION | EXCLUSION/DEPORTATION | OTHER JUDICIAL PROCEEDINGS

Do any of the four options above apply to me?

I was traveling from Canada to the U.S. by Greyhound bus in October of 2017. I used the Port of Champlain entry on the Quebec / NewYork border. The officer noticed on my record that I over-stayed a visit that lasted 4 years, from 2006 to 2010. They gave me a 10-year entry ban, but gave me credit for returning to Canada in 2010. So I only had to be away from my family in the States for 3 years.

Does the above info count as an "immigration proceeding?" Is it a deportation or anything else listed above? Or does my story have absolutely nothing to do with that section of the application? It's just a denial of entry? Should I include the paperwork I was given at the border with the I-130 Application?

SECOND QUESTION

PAGE 8

I don't know which one to choose because I have a job and I'm only allowed two weeks vacation time every year...

The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in:

City / State

Does the above apply to people on a B-2 visa?

OR

The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at a U.S. Embassy or U.S. Consulate in:

City/Province/Country


NOTE: Choosing a U.S. Embassy or U.S. Consulate outside the country of the beneficiary's last residence does not guarantee that it will accept the beneficiary's case for processing. In these situations, the designated U.S. Embassy or U.S. Consulate has discretion over whether or not to accept the beneficiary's case.

Will my sister and me ever have to be interviewed together in the U.S., or will my sister ever have to travel to Canada to go with me to the U.S. Embassy or Consulate for an interview?

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FIRST QUESTION
My sister is a U.S. Citizen and she is going to sponsor me.
At the bottom right hand corner of page 7...
ADDITIONAL INFORMATION ABOUT BENEFICIARY
53. Was the beneficiary EVER in immigration proceedings? YES OR NO
54. If you answered "Yes," select the type of proceeding and provide the location and date of the proceedings.
REMOVAL | RECISSION | EXCLUSION/DEPORTATION | OTHER JUDICIAL PROCEEDINGS
Do any of the four options above apply to me?
I was traveling from Canada to the U.S. by Greyhound bus in October of 2017. I used the Port of Champlain entry on the Quebec / NewYork border. The officer noticed on my record that I over-stayed a visit that lasted 4 years, from 2006 to 2010. They gave me a 10-year entry ban, but gave me credit for returning to Canada in 2010. So I only had to be away from my family in the States for 3 years.
Does the above info count as an "immigration proceeding?" Is it a deportation or anything else listed above? Or does my story have absolutely nothing to do with that section of the application? It's just a denial of entry? Should I include the paperwork I was given at the border with the I-130 Application?

When you are denied entry, one of two things happens: either the officer allows you to withdraw your application for admission and voluntarily depart, or they put you in expedited removal proceedings. The paperwork you were given should indicate which. If you were put in expedited removal, you should say yes; otherwise, no. Note that expedited removal would have triggered a 5-year ban.

SECOND QUESTION
PAGE 8
I don't know which one to choose because I have a job and I'm only allowed two weeks vacation time every year...
The beneficiary is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the U.S. Citizenship and Immigration Services (USCIS) office in:
City / State
Does the above apply to people on a B-2 visa?
OR
The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at a U.S. Embassy or U.S. Consulate in:
City/Province/Country
NOTE: Choosing a U.S. Embassy or U.S. Consulate outside the country of the beneficiary's last residence does not guarantee that it will accept the beneficiary's case for processing. In these situations, the designated U.S. Embassy or U.S. Consulate has discretion over whether or not to accept the beneficiary's case.
Will my sister and me ever have to be interviewed together in the U.S., or will my sister ever have to travel to Canada to go with me to the U.S. Embassy or Consulate for an interview?

I hope you understand that there is a more than a decade long wait for visa numbers in the F4 (sibling) category. If you look at the latest visa bulletin, visa numbers are currently available for F4 petitions with priority dates about 14.5 years ago for people born in most countries (or even longer ago for people born in India, Mexico, or the Philippines). The priority date is the date the I-130 was filed. You can use this to get an idea of about how long it will be until a visa number will be available for your petition that is filed now. You cannot proceed to the next step (Adjustment of Status in the US or Consular Processing abroad) until a visa number is almost available.

At that future time when a visa number becomes available, 14+ or however many years later, if you happen to be in the US and in status, you can do Adjustment of Status (I-485) in the US, and wait in the US. Otherwise, you will have to do Consular Processing at a US consulate abroad for an immigrant visa. You cannot enter the US on most types of nonimmigrant status (with exceptions like H1b and L1) with preconceived intent to file Adjustment of Status during that stay. So there will basically be no chance you will be doing Adjustment of Status; you will almost certainly be doing Consular Processing. Plus, it is safer to choose Consular Processing on the I-130 if you're unsure, because if it happens that you are in the US at the time you can apply for Adjustment of Status, you can simply file I-485 directly; whereas if you want to switch from Adjustment of Status to Consular Processing, it requires the filing of an extra I-824.