Legal Question in Immigration Law in California

Hi i'm 21 born in mexico and my dad became a Citizen and i thought it wouldn't take so long for me to get my residency. i came in with a family visa, i have a clean record not one thing bad, i'm a full time student in college. my dad asked for me when i was 16 when he became a resident. the lady that is helping with my immigration papers told me i have to wait 10 YEARS! why does it have to take so long??


Asked on 9/24/09, 1:35 pm

3 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Dear Inquirer:

Under the circumstances you describe, it should NOT take ten years for you to acquire your permanent resident status.

I recommend that you email us at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Regards,

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Answered on 9/24/09, 1:38 pm

I am not following your question, since you said that you came to the U.S. with a family visa. I would be happy to assist you offline. If your father filed an I-130 for you when he was a legal permanent resident when you were a child, and you are still single, but over 18, and he is now a US Citizen, you would be in the first preference category. The current visa bulletin published for October (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4575.html) that for Mexico, first preference priority date that they are on now is June 8 1992. For 2A category (unmarried sons and daughters of permanent residents), the priority date is March 1, 2003. For F2B category, (unmarried sons and daughters of permanent residents who are 21 and older) priority date is May 22, 1992. So, it really depends on the date that the I-130 was filed which determines your priority date, and whether you are married now. For further assistance, I can be reached at 415-387-1364 or email [email protected].

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Answered on 9/24/09, 3:49 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Over 21 year old children of U.S. citizens who are single, citizens of Mexico and filed June 1992 are current for processing now. If you're married, those who filed May 1992 are current for processing now. Simply because your dad already filed for you some five years ago does not mean you can use the same old priority date. That's only possible were he to file in the same category as before.

For citation to the law on this subject and to consult regarding your case, feel free to contact me directly at 818 609 1953 or [email protected].

Sincerely,

Alice M. Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA

Designated "Super Lawyers" by "Los Angeles Magazine" 2004-2009

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Answered on 9/24/09, 3:51 pm


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