IMMIGRATION QUESTIONS

Question: Hello Ms. Pedersen, I am an American citizen and I would like to file for my sister. She is presently living here for past five years and out of status. She came here legally meaning that she was inspected by an immigration officer. I would like to know if it possible and how long would it take. Can you advice me how I should go about preparing the forms and the steps that I need to take. Thank you very much for your time and I am looking forward in hearing from you.

Answer: You can file an I-130 family petition for your sister, make sure and include a copy of both your birth certificates showing you have the same parents. Unfortunately, this kind of family petition takes a long time and will not give your sister any benefits now or any legality. There is an 11 to 12 years wait in the 4th preference category for brothers/sisters. However, maybe the filing of it now will help later if Congress passes an amnesty law.

Question: My stepson would like to file for his biological mom and both are already in the states. How long would it take and what are the steps he needs to take?

Answer: As long as your stepson is age 21 or older, he can file for his biological mother (as an immediate relative) and there is no waiting line. His mother must have her I-94 card and have entered the U.S. legally, even though now she is out of status. It takes 10 days to get residency receipts once the case is filed and she is legal from this point on. In three months she will get her work permit and then apply for her social security number. If an interview is required, it will be in approximately six months, however, in many cases with adult children filing for parents, there is no interview required. The USCIS will simply send the Green Card in the mail. If the mother did not enter the U.S. legally, under current law, the son can only file the I-130 family petition for his mother now, but not the Green Card application, since his mother did not enter legally. The I-130 will not give his mother any immigration benefits or legality, no social security and no residency.

It is important to note that THIS APPLIES TO EVERY CATEGORY OF FAMILY IMMIGRATION under current immigration regulation, meaning that IF SOMEONE HAS COME TO THE U.S. WITHOUT INSPECTION (illegally) after April 30, 2001, THERE IS NO LEGAL WAY TO OBTAIN THEIR RESIDENCY INSIDE THE U.S., this includes family members of U.S. citizens and Permanent Residents alike. The I-130 Family Petition can always be filed, in hopes that the law will change later, but for now, THE FILING OF AN I-130 DOES NOT GIVE ANY IMMIGRATION BENEFIT WHATSOEVER TO ANYONE. In these cases, we have to wait until Congress passes a new law which will allow such immigrants to pay a penalty and file her Green Card application. As you can see, that I-94 card makes all the difference!

Question: Hi there! Is there any provision for renewing driver's license for illegals? Please advise.

Answer: No, sorry, there is not right now....just wait a little longer; we are hoping that Congress will pass the new law this year that will allow Driver's Licenses and renewal for EVERYONE. Keep your fingers crossed!

Question: I saw in your recent column something about H-1B spouses being able to change over to an H-1B visa even though they may have been here in H-4 status for almost the whole 6 year period, but I cannot find that week’s newspaper. I’m sorry, could you please explain that again?

Answer: Yes, the USCIS recently made it clear that qualifying H-4 & L-2 Spouses can now obtain H-1B visas even if they have used up the six years they are allowed in H-4/L-2 (7 yrs for L-2) status. This also means that the current H-1B/L-1 spouse can now change over to an H-4 for a new six-year period. However, H-4/L-2 spouses must independently qualify for the H-1B work visa, and must file their applications as soon as the 2008 H-1B visas are open for application on April 1, 2007. H-1B visas for 2007 were all taken by July of 2006. This year, it is expected that the H-1B work visas for 2008 will be exhausted by late June 2007. To qualify, the foreign national must have at least a Bachelor’s degree or its equivalent (12 years or more in a professional capacity) and must be sponsored by a U.S. company who is offering the foreign national a job which requires at least a Bachelor’s Degree.