Am I legally eligible for a green card? 4 Answers as of January 26, 2011

My sister filed for me unknowingly to me. I was under the age of 21 and married. I am now waiting on a visa would I get a green card or would it be denied. Please let me know.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Being married or over 21 is fine in the category you are in - FB-4 (sibling of a U.S. citizen). Both you and your wife would be eligible for a green card but this category is very slow.

There are three stages to the case - 1) I-130 filed with USCIS office; 2) approved I-130 is sent to national Visa Center which collects money and forms for the Department of State consular offices. 3) Case is shipped for interview and medical

Right now there are only visas for cases which were on file prior to January 1, 2000 (longer if from Mexico, India, or the Philippines) so even if step 1 is approved and the case is shipped to NVC it will be held there until your Priority Date is current. Priority Date is established by the date the I-130 is received by USCIS. Until there is a visa nothing will move forward on her case. You should file for citizenship at your soonest opportunity as then her case would be upgraded to immediate relative. A new Bulletin comes out every month and you can monitor the case here: http://www.travel.state.gov/visa/bulletin/bulletin_5228.html

If we can assist in the processing of her case, please contact me as indicated below for fees, procedures, and timing.
Answer Applies to: California
Replied: 1/26/2011
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
Based on your question, I assume that your sister is a US Citizen and that she filed what is called a fourth preference petition. Only US citizens can file to sponsor their siblings. Their marital status or age does not matter in this category. This category has a backlog, or waiting list of approximately 8 to 10 years at the moment. Eventually, your place and line will be reached and a visa will become available to you. When it does if you are in the US in legal status you would be eligible for adjustment of status and can be processed for your green card here. If you are not in legal status, or not in the US you would need to processed for your green card abroad through a process known as Consular Processing. If you at any time have been "unlawfully present" in the US, meaning that you were here illegally or overstayed your period of authorized stay (on your I-94) by more than 180 days, then you may be subject to a three year bar, which would require you to remain outside the US for three years before you could return to the US. If you have been "unlawfully present" for more than 365 days, then the bar is 10 years and you may be required to stay out of the US for that period of time. Individuals who entered the US in F-1 and J-1 status and overstayed their visas, may not be subject to this bar. It is always wise to consult a qualified immigration attorney in person to discuss your eligibility, these bars, and other issues that might affect your case such as past immigration violations, criminal violations, health and support issues as there are many things that could impact your ability to ultimately secure a green card here in the US.
Answer Applies to: Massachusetts
Replied: 1/19/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
If you were married at the time she applied, it will likely be denied.
Answer Applies to: Virginia
Replied: 1/18/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Your sister can petition for you even if you are married. Congratulations!
Answer Applies to: Florida
Replied: 1/18/2011
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