IMMIGRATION QUESTIONS

Question: I heard about you in a newspaper article and I was wondering if you could
give me some legal advice about filing for a family member. I am currently a permanent resident with a green card and in four months I should be eligible to file for my citizenship. I was wondering if there was any way I could file or sponsor my mother right now, so she can become a legal resident. She has been here for over 10 years and has been working the entire time. I really hope there is something you or I can do to help her. I was also wondering if I could fill out the form and send it in for my citizenship just before my five years of legal residency. Any advice you can give me will be greatly appreciated and thank you in advance for your time.

Answer: This is a very common question. Once you obtain your citizenship (approx. 8 months), you can file for your mom. There is no immigration category for a permanent resident (Green Card holder) to sponsor a parent. Be careful, if you file now, before you are actually a citizen, the case will be returned or even denied and you will lose your filing fees! Just be patient a little while longer and Good luck!

Question: Hello. I am filing an I-751 form Petition to remove conditions on my residency, because my two-year card expires on April 26 2007, so I think that means it must be sent in on January 26 2007. I want to mail the I-751 package out in mid- January 2007, because I am going on a trip and won’t return until Feb 10^th. Is it good to file early, rather than later?

Answer: the I-751 can be sent in no EARLIER than 90 days ahead of time so any time after January 26 is fine. It does not have to go in exactly on that date. You cannot file sooner than that, or your case is likely to be either denied or returned.

Question: I will be a US Citizen next year; I am planning to marry my fiancée of one year. She told me that she entered the U.S. from Jamaica legally, applied for an extension of her I-94 but got denied, then stayed in the U.S. anyway. Once we marry, will I be able to file for her Green Card or is she ineligible because she is not in legal status? Also, she has a son, three years old, can I apply form his Green Card as well?

Answer: If you are a US citizen and your fiancé entered legally, (with inspection by an immigration officer-being issued an I-94 card), then she should be eligible to adjust to a green card even though she has failed to maintain legal status. This is also true of her children. U.S. Step-parents can petition for minor children of their spouses, as long as the step-parent relationship is established before the step-child’s 18^th birthday. This means that as long as the marriage takes place before a child turns 18, the step-parent can sponsor the child for a Green Card.

Question: My sister, who is an American citizen, petitioned for me back in 1998. I know it will take a few more years to wait. I now have found a company that is willing to sponsor me and petition for me. My question is since my petition is pending with my sister, I am covered by that law for illegals called something like 245 that requires me to pay a $1,000 penalty or not?

Answer: From the information you have provided, you do qualify to be able to adjust your status to a Green Card through an employer, as long as the employer qualifies to sponsor you and you otherwise meet immigration regulations. Generally, as long as a foreign national has had a family-based I-130 or employment-based Labor Certification, I-140 or I-360 (special immigrants/religious workers) filed for them BEFORE April 30, 2001, he or she likely qualifies to have another subsequent petition filed for them in one of the above categories after April 30, 2001 and still qualify under 245 (i). I-130/I-485 petitions for Spouse, minor children and parents of U.S. citizens are not subject to the $1,000 penalty. Right now in the Brother/Sister 4^th Preference category there are visas available for those whose I-130’s were filed by Feb 1996, so you have a few more years to wait. Good luck!