Legal Question in Immigration Law in California
Green Card
I came to the U.S. illegaly May 1996. My father a resident then applied for me and I got the I-130 approved w/a notice date of 3/5/98. In Oct 2000 he became a citizen. On April 19, 2001 he applied for me again and I got an I-485 w/supplement A & I-765. Got an interview on June 06, 2002 and got denied because I had turned 21. Got called in two more times and got denied again; both times for the same reason, I had turned 21. I got married on Oct of 2002. My husband applied for the I-130 which they received on July 29, 2004 and got a receipt notice date of August 03 2004. Then we received a transfer notice on August 24 2004. My husband is a born citizen, we've been married for almost 4 years, and we now have a 3 month old baby. Should we have received something from the CIS by now? It's been almost 2 years since the transfer notice. Anything else I should know about my case? For example, I don't have the right to get a green card? or, do I have to go back to my country? Any advice would be greatly appreciated. Thank you Very much in advance.
2 Answers from Attorneys
Re: Green Card
Not sure what you meant by a "transfer notice," unless you mean a notice that CIS Laguna Niguel is going to have the case transferred to the Los Angeles District Office to do the interview since you live in LA County. That's standard procedure in family petition cases. However, two years is a long time since that notice. You should go to the downtown LA CIS office to do an inquiry or have an attorney do it for you, which I recommend. You do have a right to have a green card even though you entered illegally because your father petitioned for you way back in 1998. Please contact my office.
Larry 'Liem' Doan, Esq.
Note: The above response is provided for legal information only and should not be construed as legal advice. Such advice can only be rendered after an attorney-client relationship has been expressly established with appropriate payment of valuable consideration. If follow-up advice is desired on a particular situation, a paid consultation can be arranged.
Re: Green Card
you are uunder 245 (i) as your previous petition by your father was filed in 1998. I am surprised that you do not have an attorney. Why did you file the case in Laguna? Did you file the complete adjustment package along with 485? If it was done correctly...you should have received your green card long time ago.
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