Legal Question in Immigration Law in California

Hi,

I got my green card through employment based category. My wife and daughter (13)al so got their GC as derivative. However, due to prolonged stay (beyond a year with green card) out of USA, they may be losing their green card status. My question, in this situation can I sponsor them for

1. Following to join benefits so that the wait time is nill, or is it already availed when they got their GC and it can't be availed any more ?

2. family based category (filing I-130) and wait in the queue and go for consular processing ?


Asked on 9/05/10, 9:19 am

2 Answers from Attorneys

Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

It appears that your family has already abandoned their LPR (lawful permanent resident) status due to being outside the U.S. for more than one year without re-entry permit.

You can file an immigrant petition for your family. The family sponsorship categories are here: www.h1b1.com/sponsor.htm and when the priority date is current they can go through consular processing.

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

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Answered on 9/10/10, 9:25 am

Before anything else, thanks for writing me at LawGuru.com

Sometimes. Previous analysis of your case by USCIS, is possible in some cases. Details: www.uscis.gov

Any doubt or another question, let me know it please.

Thank you very much for visiting me at LawGuru.com

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Answered on 9/12/10, 1:14 am


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