Legal Question in Immigration Law in California

I am 29 years all daughter of a United States citizen. I am curretly married and I am planning to get divorce could my mother submit a petition for me and how long it would take the process by me been 29 years old and been divorce. I had a petition thru my job which it was submitted and approved by the labor department in 04/16/2001 however, this case was denied because when I submit all the paper work to the immigration the letter of approval from the labor deparment was already expired. However, I think I am protected by the 245 i law. Thank you for your advices.


Asked on 2/25/11, 3:58 pm

3 Answers from Attorneys

Attorney Caro Kinsella Law Offices of Caro Kinsella

Addressing the I-245(i) issue - yes it seems you are covered under this as long as the Labor Cert. was approvable when filed (in other words not frivolous).

Once divorced then you would fall into the 1st preference category and would have to wait for a visa number to become current which would take 4-6 years.

You can contact my office for a free consultation.

Caro Kinsella

Immigration Attorney

954-304-2243

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Answered on 2/25/11, 4:07 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

You appear covered under sec. 245(i) even if the labor certification or immigrant petition was ultimately denied.

Your mother can sponsor you in the family first preference category once you are divorced. You should ultimately be able to adjust status within the U.S. once a visa becomes available. Additional information is here: www.h1b1.com/sponsor.htm and www.h1b1.com/visawaiting.htm

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

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Answered on 2/25/11, 5:17 pm
Mercy Sequeira Law Office of Mercy Sequeira

Your mother can sponsor you in the family first preference category. Once your petition is approved, you can adjust status in the United States when your dates become current as you would be covered under 245(i).

Our offices handles these cases. I can be reached at 408-245-2416 or [email protected]

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Answered on 2/25/11, 6:19 pm


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