Legal Question in Immigration Law in California

Employment Based Visa
My wife's sister came to the U.S. from Denmark in 1999. She travelled here with her husband and children and decided to stay. She applied for amnesty (I think that's what it was called) in 2001. She then applied for a Work Visa (I-130) in 2002 and paid an additional $1000. She's now been trying to get her greencard for the past year and half, but her application keeps getting rejected because of the priority date. But other people that we know have already gotten their greencard even though they applied at almost the same time. What should we do? Do we have to wait for the priority date, or are we doing something wrong. Please let me know.

Thanks.
Rob

Asked on 7/26/06, 7:38 pm

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

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Re: Employment Based Visa

A few things are strange with your question. First of all, if she applied for what you termed a "work visa" or "Employment Based Visa", then there could not have been an I-130 form filed. An I-140, yes, but not an I-130 (which is family based). Secondly, one cannot analyze the situation with the priority date without knowing who is the sponsor for your sister: was it a family member (what's the relationship), or an employer? Thirdly, there was no amnesty program in 2001. A late amnesty under the LIFE Act, yes, but that's for people who could prove they've been in the U.S. since before Jan. 1, 1982. Finally, you can't compare other people's case with your sister because of the different categories involved. For example, there's no waiting list if a US citizen petitions for his wife or minor children, whereas for his brother/sister, it could take 15 years!

Larry 'Liem' Doan, Esq.

www.GuruImmigration.com

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Answered on 7/27/06, 1:46 pm

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