Legal Question in Immigration Law in New York

NY Green Card for Daughter and Grand-Daughter

My grandmother (citizen) filed a green card application for my mother and my sister (17 yo at the time) back in 2000.

If we look up the claim number on the immigration website it says it has been approved and if we listen to what people have been telling us, they are issuing visas for applications filed in 2000, so we are getting close.

I have few questions:

1) Since both my mother and sister have overstayed (since 2001), what will happen when the application is complete? Will they need to pay a fine, or is there a chance that they will not get a green card because they overstayed? Would they need to go back to their country for some time? Would that help in any way?

2) My sister is now 24. The petition was for my mother and any unmarried daughter/son under 18. She is still unmarried. Is she still included in this petition since it was filed when she was under 18? Or is she not included anymore since she is over 18 now?

3) What happens if my grandmother dies (she is sick) before they get the green card?

Thank you very much for this service. I've been getting so many different answers I don't know who to believe anymore.


Asked on 8/28/07, 11:26 pm

1 Answer from Attorneys
Sabrina Ramirez Law Offices of Sabrina C. Ramirez Esq.

Re: NY Green Card for Daughter and Grand-Daughter

I recently had a similar Client. From the information you have given me, I imply that you have an I-130 approved petition which named your mother and your sister. If they are now in the USA and there number is immediately available, it is possible that they may adjust status here in the USA (1-485), if the I-130 was filed on or before April 30th 2001. As they overstayed their visa, they may have to also file and pay the penalty fee (1-485A + $1000). However, their eligibility to adjust status depends on several factors, namely how long they have been in the USA, as they need to be able to prove they were in the USA on December 21, 2000. I would need to know more information to precisely advise you on a case by case basis.

It would not be advisable to return to your home country at this point, or you could be subject to a 10 year bar from the USA.

I would advise you to file the paperwork as soon as possible. If you need assistance with this please contact me at my office.

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Answered on 8/29/07, 9:55 am


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