Thousands of Immigrants In the 4th Preference Brother/Sister Immigration Category Can Now Obtain Green Cards!

Many Brothers and Sisters of U.S. Citizens (and their eligible family members) who have been living inside the U.S. since 2000 may finally be eligible to apply for Green Cards! This applies to all family petitions which were filed on or before April 30, 2001.

Beginning August 1, 2010 and continuing until the visas are gone, eligible sponsored family members can apply to adjust status and remain inside the U.S. while waiting for Green Card approval. This is especially important for family members who are in the U.S. illegally or whose I-94 cards have expired.

Under current immigration laws, foreign nationals who have expired I-94 cards are not permitted to obtain Green Cards in the U.S. in most circumstances, with a few exceptions. However, an old immigration law called 245(i), which expired on April 30, 2001, provided that as long as the I-130 family petition was filed on or before April 30, 2001, even family members who were not in legal status in the U.S. could later obtain Green Cards once a visa became available.

Now, the Visa Bulletin, (the bible of immigrant visas) has been released early showing that beginning in August, eligible family members can begin filing Green Card applications immediately. Due to the high demand for visas in this category, those eligible should file adjustment of status applications as early as possible AFTER August 1, 2010. Those filed early will either be rejected or denied and filing fees could be lost.

Due to the serious issues involved in filing these applications, you should seek the advice of a qualified immigration attorney to absolutely determine your eligibility (and those of your children) prior to filing. The most important issues to fully understand BEFORE filing to adjust status are:

1) Eligibility: You must absolutely determine that you are eligible to file for adjustment. This means confirming that the receipt date (priority date) on the I-130 petition filed on your behalf clearly states that the petition was filed on or before April 30, 2001. If you file an application to adjust status and you are later found ineligible, not only will you lose your filing fees, but you will likely be deported.

2) Penalty: There is a $1,000 penalty for all applicants age 14 or over, so be sure you are ready to include the penalty with your application, or you will not be eligible.

3) Children: Confirm that children are either under age 21 at the time of filing, or that they are eligible under the Child Status Protection Act, even though they are over age 21. Again, if you file an application to adjust status for your child and they are later found to be over age 21 called “age out”, they could be deported. Don’t take any chances.

4) Criminal Issues: Certain crimes make immigrants ineligible to adjust status, so be sure to seek the advice of a qualified criminal immigration attorney if you have ever been arrested, to have the attorney confirm whether or not there will be any negative immigration consequences.

5) Presence Issues: Under the regulations, in order to be eligible for 245(i) the main I-130 beneficiary must have been present inside the U.S. by Dec 20, 2000.

6) Filing Issues: If using an Immigration attorney or other immigration services, safeguard yourself by:

a) Getting Money Orders for the USCIS filing fees from your bank (not a convenience or check cashing store) made payable to the Dept. of Homeland Security, and write your name clearly in the reference section. Keep the duplicate copy of the money order. The I-485 USCIS filing fee is $1,010 for adults and $600 for children under age 14 filing with parents (this also includes the biometrics and Work Authorization fees). There should be separate money order for each person for the USCIS $1,000 penalty, with the notation of “I-485 Supp A-Penalty” in the reference section along with your name.

b) Read your forms before signing to be sure all the information is accurate.

c) Get a copy of your entire immigration package including forms and supporting documentation and copies of the Money Orders after you sign it before it is sent to the USCIS.

d) Make sure the application package is sent by U.S. Express Mail or another priority delivery service like Fed-ex or UPS and get the tracking number so that you can confirm delivery. Never send such an important application using Certified Mail! After filing, it takes about 7-10 days to receive your receipts in the mail and another 15 days or so to receive your Biometrics appointment. Residency interviews are likely to be scheduled between 4-6 months from the time of filing the application.