Immigration Question:

Question:  I have applied for I-140 and I-485 simultaneously in March 2003, and my I -140 was approved in July 2003 (National Interest Waiver).  As of August 2006, I have not yet received the Green Card (Adjustment of Status pending, with the case being stuck at FBI name check process).  So, my adjustment of status has already been pending for more than 3 years.  Could these three years be counted towards my 5-year "green card-to-citizenship" requirement?  In other words, after I do get my green card, do I still have to wait 5 years before applying for the US citizenship?  

Answer: Unfortunately, you do not get credit toward citizenship for the time your adjustment application is pending. You must actually be a permanent resident for the clock to start. You may apply for your Naturalization 4 years and 9 months from the exact date you obtain your U.S. Residency (Green Card).  

Question:  Can more than one person apply for the I-130 application for a person in order to eliminate any possibility of denial of any visa request for them?  Both my mother and my sister are U.S. citizens. Can they both apply for me or will one application conflict with the other?

Answer: That’s a great question and the answer is –Yes! As long as there is a qualifying relationship, a person can be the beneficiary of I-130s from multiple eligible petitioners, there is no conflict whatsoever. And I usually recommend this to clients. For example, if one parent is the petitioner and the other doesn’t bother and then the petitioning parent dies, the beneficiary could be out of luck. Just remember that if you are in the U.S. and over 21, you MUST be in legal status under current immigration regulations to be able to obtain your Green Card here.  All individuals in the following “Preference Categories” MUST always maintain legal status if they are in the U.S., unless an I-130, I-140, Labor Certification or I-360 was filed for them BEFORE April 30, 2001:

Preference Categories

First: Adult (21 or over) Unmarried Sons and Daughters of Citizens;

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents;

A. Spouses and Children (under age 21)

B. Unmarried Sons and Daughters (21 years or older);

Third: Married Sons and Daughters of Citizens;

Fourth: Brothers and Sisters of Adult Citizens:

Note that there is no immigration category for either 1) married adult sons/daughters or 2) Parents of a Permanent Resident (Green Card holder). Applications filed on behalf of these family members will be denied.

The jost common mistaken belief that causes terrible suffering to immigrants is the misconception that as long as an I-130 petition has been filed for them, they are allowed to stay legally inside the U.S. This is simply not true! The common scenario is for an adult child of a U.S. citizen to come and visit the U.S. and decides to stay. They believe that once their U.S. citizen parent files the I-130 for them, they can live in the U.S. legally. So, rather filing for a student visa, H-1B work visa or looking for other qualifying immigration visa categories, the person unknowingly believes they obtain some legal status from the I-130 filing – which they do not. The I-130 filing only allows for a Driver’s License to be issued for 2 years, that’s it! The I-130 does not allow for an immigrant to work legally, get a legal social security number, travel to and from the U.S. or attend school. And, once the immigrant’s I-94 has expired, he or she has totally lost the opportunity to change to any other legal visa. They become what are referred to as an “illegal alien”. Once a person becomes illegal, the I-130 filing is of no use in maintaining legal status in the U.S. It will not prevent deportation if an individual is picked up by the USCIS. The best advice is always – maintain legal status – don’t let your I-94 expire – understand the immigration visa, which you are applying for, so you know what you need to do to preserve your legal status. Good luck!