Legal Question in Immigration Law in Florida

My petition is aproved ( I-130 ) what is my next step I`am the beneficiary, they say that my case was sent to the department of state. My sister is a U.S. Citizen she is the person claming me, and I came to the U.S under a visitor visa ( B1/B2 ) back 18 years ago and never went back.

Receipt date July 30, 2001

Priority date May 3, 2001


Asked on 9/16/09, 5:51 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

The priority date must be current (which is not current for your visa category yet) AND you must be eligible for adjustment of status. Because your priority date is May 2001, you are not eligible for 245i protection. Being in USA illegally for over 18 years, makes your situation very complicated.

You shall schedule a consultation with any qualified immigration attorney for legal advice.

Web: www.law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. We do not offer free advice except for the information provided on this forum. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation in person, or by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 9/16/09, 5:59 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

Are you the beneficiary of a petition that was filed prior to April 30, 2001? Since you have remained in the U.S. for so many years without status, you will need protection under 245(i) of the Immigration and Nationality Act.

See http://www.uscis.gov/files/pressrelease/Section245ProvisionLIFEAct_032301.pdf for more information.

If you do not qualify under 245(i) of the Act, without a previous filing prior to April 30, 2001, alternatives may remain but it will depend on other requirements. Please email me directly for more information.

Sincerely,

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Answered on 9/16/09, 6:01 pm


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