Legal Question in Immigration Law in New York

A petition filed in 2001 for my father from his sister but because of a mistake it was abandoned, i am not sure if my name appeared on it i was 15 then now im 24 so it was quite a long time ago what i would like to know is to be grandfathered in does your name have to appear on the i130 that was filed in 2001 even though it was my father she was petitioning for or it really does not matter. i resided in the united states since 1999, the reason i am asking this ,is because i would like to marry my girl friend who is a pernament resident who is eligible to become a citizen in 2014 and use the 245i to adjust in the country

the priority date on the application was april 30 2001 the reason for denial because they requested more information and none was submitted , causing the denial,on the denial petition all that was stated was that they recieved no information.

the mistake that was made wasthat the person that was filling out the petition inserted husband to wife when it was suppose to be sister to brother, causing no marriage certificate to be sent . I was here since I was 15 attended junior high ,high school,and college


Asked on 10/14/10, 11:27 am

2 Answers from Attorneys
Charles Medina Law Office of Charles Medina

If you are grandfathered, you can still apply for green card through your wife's petition, even she is a green card holder. You do not need to wait for her to become a US citizen.

The first thing will be to find out whether you are grandfathered and get proof of it. We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 10/19/10, 11:54 am
Luba Smal Smal Immigration Law Office

The question here is, as I understand, IF you are considered grandfathered based on that denied petition. You need to consult a good immigration lawyer, as this is not a straightforward situation.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 10/19/10, 3:17 pm


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