Legal Question in Immigration Law in Massachusetts

I am in USA with B/2 Visa, I have a I-130 petition from my brother, can I apply for adjustment of the status.


Asked on 8/03/09, 7:57 am

2 Answers from Attorneys

Melina Merino Attorney Melina Merino

You can not apply for adjustment of status unless and until your visa becomes available. You will need to check the visa bulletin to see which dates are being processed for your category. The brothers and sisters of US Citizens category is the fourth category and typically is unavailable for many years due to the small number of visas available per year.

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Answered on 8/08/09, 11:16 am
Luba Smal Smal Immigration Law Office

Most likely, not yet.

When the I-130 was filed by your brother?

What is your country of birth?

The minimum waiting period in this visa category is 10-11 years. During the pendency of the I-130 petition (or even if approved, but a priority date is not current), you cannot stay in USA, cannot apply for a work permit or adjustment of status.

You visa will be processed at the US consulate in your home country whenever the priority date is current.

My law office: http://www.law-visa-usa.com

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Answered on 8/08/09, 3:46 pm


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