Legal Question in Immigration Law in Florida

hi my name is Douglas i'm a U.S citizen living in Florida. i'm filing for my sister from Jamaica that is in the U.S and is now out of status. my sister case status is at Initial Review. the form's that i we filled out and got are the( I-797,I-130,I-797C,G-325A and G-1055 ). Is anything missing and will she have to go back to Jamaica for her interview?.


Asked on 10/23/10, 8:31 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

If she is out of status in the United States, she is not eligible for adjustment of status based on a petition filed by a brother. Filing of the form I-130 doesn't give her right to stay in USA and wait for her visa number. She needs to wait in Jamaica. Currently it takes about 8-9 years in her visa category.

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Answered on 10/28/10, 8:44 pm


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