Legal Question in Immigration Law in California

Married to a U.S citizen & living in the U.S.

I have been living in the U.S. for over 11 years now. I entered the country illegally. When I moved here, my father submitted the application for my mother, my sisters, and me. A few years later, my mother and my sisters got their green cards but I did not because I had turned 21.

Since then, I've gotten married, and my husband submitted the application so I can get my green card through him. It was slowfor the first 2 years or so, but in the beggining of this year, the pace picked up and we have to file form DS-230. Is that for people living in their country of origin? Or is this required for people who live in the U.S. also?

If it helps, with my father's petition...

I got my approval notice in 1997 and in 2001 we paid for form I-485 with supplement A and form I-765.

I heard somewhere that by submitting form I-485 with supplement A back then, I would be grandfathered with it now.

Can anyone help me with this? Thanks!


Asked on 5/22/07, 1:38 pm

3 Answers from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Married to a U.S citizen & living in the U.S.

If your husband is a USC, then he can sponsor your green card and you can file I-485 in the US and don't need to file DS-230.

Please send me an email if you need assistance for this process. Two years waiting is not normal for your case.

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Answered on 5/22/07, 1:58 pm
Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

Re: Married to a U.S citizen & living in the U.S.

Yes, it may be possible to "grandfather" the dates of the application submitted on your behalf by using the dates from the original petition submitted by your father and approved in 1997.

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Answered on 5/22/07, 1:59 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Married to a U.S citizen & living in the U.S.

Yes...you are grandfathered under 245 (i) and can adjust to permant residency without living the USA.

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Answered on 5/22/07, 10:51 pm


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