Legal Question in Immigration Law in California

petition from dad

im 32 yrs old came here in 2002 of dec. with my 2 daughters im presently a license vocational nurse and petitioned by my dad last march under over 21 unmarried child my question is what avenue can i take now so i wont have to be worried of being deported since immigration has been tough recently with undocumented aliens like me.i also think that im included under 245i life act. would i be able to wait long enough for my petition here without being deported? by the way my dad is a green card holder and my mom is an american citizen and got divorced 1985 can my mom do something in my case? thx and more power to ur site


Asked on 8/05/02, 8:24 pm

3 Answers from Attorneys
Gabriel Jack Muston & Jack P.C.

Re: petition from dad

do you have a nursing degree? Send me an e-mail, I'll give you a consult.

Gabriel D. Jack

Attorney at Law

[email protected]

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Answered on 8/05/02, 10:19 pm
Anja Freudenthal Immigration Law Office of Anja Freudenthal

Re: petition from dad

If your US citizen mother applies for you, you will move up from the second to the first preference category. Both categories are backlogged. Applicants in the 1st category who filed their petitions before July 1, 1996, can now apply for the "green card." Applicants in the second preference category, who applied in December 1993, can now apply for the "green card." If your father just recently applied, you may have to wait 9 years or longer.

You say that you are a licensed vocational nurse. You may be eligible to immigrate on your own through an employer who sponsors you.

I would like to discuss your case with you in more detail. Please feel free to contact me.

Sincerely,

Anja Freudenthal

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Answered on 8/06/02, 3:12 pm
Larry L. Doan Law Office of Larry L. Doan

Re: petition from dad

Currently, it will take at least 9 years for a visa number to be available with your dad's petition for you. You will still be undocumented in the meantime.

You can have your mom file a petition for you. It will be a slightly better category than your father's petition if you're not from Mexico or Philipines. You'll have to wait about 6 years for a visa number. However, if you're from the Philippines it will be 13 years and if you're from Mexico there's currently not even a visa available for an unmarried daughter over 21. So, you'll just have to ride it out and not get picked up by the INS for deportation.

Liem Doan, Esq.

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Answered on 8/05/02, 9:08 pm


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