Q.

Dear Sir,

I arrived in the US on an F1 visa in January 2000, at age 30.  In 2004, I dropped out of school because my funds for tuition ran out.  That same year 2004, my mom filed I-130 for me while she was a green card holder.   It was approved. The priority date is April 2005. My mom is still a Green card holder (not a citizen). Can you help me to get approved for Green Card due to the fact that I have fallen out of status already?  My mom put me on the street in 2009, and I now reside in the shelter system.  I really need to get on with my life and continue to be independent. Looking forward to hear from you. Yours truly.

A.

Thanks for your mail. I quite sympathize with your current situation. The priority date of the petition filed by your mother is already current. Unfortunately, you cannot adjust your status in the United States at the moment except the law changes. You entered the United States after the expiration of Section 245(i) of the Immigration & Nationality Act that could have helped you to pay a penalty of $1000 and get the green card in the U.S. Right now, you can only get the green card at the U.S. Consulate abroad, but I will advise you not to travel because you overstayed your visa for more than one year already and that carries a penalty of 10years. Simply put, if you travel, you cannot come back for 10years unless you are granted waiver. My advice is that you get married to a U.S. citizen or wait for the law to change. In the meantime, every year you will receive a letter from the National Visa Center seeking to revoke the approval for failure to process, always indicate that you are still interested so it could be extended. Do not make payment to the National Visa Center. Good luck.

Your Daughter Might be Lucky

Q.

Hi Mr. Joseph Famuyide,

I came to this country in March of 2010; I sponsored my 18 year old daughter in March also. Between September and November I did biometrics and affidavit of support. My daughter is waiting for an appointment letter now. My question to you sir, I noticed that they are not working as fast as they were last year. Now visa bulletin says they are working on January 2008, do you think I have to wait for the next three years, or my daughter will get her appointment soon? Thank you.

A.

It appears that you are the luckiest immigrant in the United States today. From the little information you provided, it appears that you did the right thing timely and your daughter is very fortunate. I will advise that you bring everything you filed to my office to review and assist you. The information you provided is not sufficient for me to answer your questions in detail, but from the timeline you provided it appears you did the right thing. I want to assume that your daughter also entered into the U.S. in March 2010. The question is, did your daughter enter the U.S. legally or not? Was your daughter in status when the petition and probably application for adjustment of status were filed? I will need more information to answer these questions. Please feel free to call 718-647-6767 for an appointment. As I wrote in my previous article, last year children and spouses of green card holders have a golden opportunity to migrate to the U.S. within 6months of filing. That opportunity is no longer there, but those who filed timely at that time are now waiting for assignment of numbers. So your daughter seems to be on a good footing.

Your Case will Take 5years to Complete

Q.

Dear Sir,

Yesterday I was reading the U.S. Immigration News and I saw an article saying that you missed your chance for green cards for spouses and children. In it, it explained that a spouse or child could get a green card within six months. My question is: my father, who is a citizen, petitioned for me January in 2010. My understanding was that it would take 5 years. Would I fall under the category of this six months timing? My father lives in Florida while I live in the Bronx. I was divorced at the time of the filing. I eagerly await your answer.

Yours truly,

A.

Thanks for your mail. You actually read the article accurately. Whenever immigration uses the word “child” it refers to children under the age of 21 and when the words “sons” and “daughters” are used, they refer to children over the age of 21. The article has to do with spouses and children under the age of 21, therefore, your case is not qualified for the six months processing bonanza. It is also important to note that the opportunity is gone now. As you rightly observed, your case will take about 5years to complete. At that time, you will need an attorney to evaluate whether or not you are eligible to adjust your status in the United States since you are probably out of status unless you are qualified for section 245(i) of the Immigration and Nationality Act relief which requires the payment of $1000 to adjust your status in the United States. Please make sure you retain the service of an attorney on this matter. Good luck.

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