Legal Question in Immigration Law in Maryland

hi i am unmarried son of usc . when my mother filed for me was permanent resident 1 1/2 year ago she became usc. she filed for me 28sept2003. i am from greece. the visa bulletin now is 15oct2003 how long i have to wait to get all the paper work done or get an answer from them?


Asked on 11/25/09, 5:10 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

It looks like your priority date is current. However, your mother should have notified the NVC about her new status of a USA citizen. Unless she notified them and asked them to upgrade your case to another visa category, the NVC has no means of knowing that your mother is a US citizen, and your case belongs to a visa category where your priority date is current.

If you�d like to schedule a confidential telephone or email legal consultation, or need advice or help, please let me know, and I�d be glad to help you: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist clients from all States, as this is the matter of U.S. federal law.

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. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. 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

Read more
Answered on 11/30/09, 5:20 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

If you're in the Family 1st category, you're not exactly current yet with a Priority Date (PD) of 28-Sept-2003 and the Visa Bulletin showing 10-Oct-2003. Applying too early for a green card can cause your application to be denied.

Based on your information, when your mother became a USC your preference category was automatically converted to Family 1st (with a PD of 10-Oct-2003). But the U.S. Immigration Service would not have been aware of this without requesting to upgrade the petition. Depending on your age when your mother filed the petition on your behalf, you would have been Family 2A (15-Aug-2005) or Family 2B (01-Oct-2001). Obviously, Family 2A is a better category in this scenario -- however it is not available under the law.

But to further assist you I will need to know more about your petition to confirm that you are in Family 1st and can apply once the Visa Bulletin progresses.

Please feel free to contact me to schedule a consultation.

Note, most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction.

Sincerely,

Michael A. Harris, Esq.

Associate Attorney

LAW OFFICES OF

KRAVITZ & GUERRA, P.A.

800 Brickell Avenue, Suite 701, Miami, Florida 33131

Please view my contact information for more information about my professional background.

Read more
Answered on 11/30/09, 6:04 pm


Related Questions & Answers

More Immigration Law questions and answers in Maryland