Legal Question in Immigration Law in Florida

I-130 petition for a relative

My father will fill out the I-485 form to adjust his status as permanent resident soon. My question is: When can I fill out the I-130 petition, considering that I am his unmarried daughter older than 21?


Asked on 4/26/02, 5:54 pm

2 Answers from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: I-130 petition for a relative

You father cannot file for you until his case is approved. (i.e. when he receives his I-551 temp stamp).

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Answered on 4/26/02, 6:14 pm
Eric Schultz Sacks, Kolken & Schultz

Re: I-130 petition for a relative

When your father is approved for permanent resident status, he can file a petition to classify you as his unmarried daughter. You stated that you are over 21. Thus, you will be in the Family "2B" preference category, which has a "waiting list" before you can actually apply for permaanent resident status.

I suggest you review your entire situation with an attorney to see what your full options are in light of your family, educational, and employment history to see what there is that can be done for you.

Eric Schultz (716-854-1541)

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Answered on 4/30/02, 8:57 am


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