How can I reapply for my green card if I have been living here? 4 Answers as of July 25, 2011I came to the U.S. in 1998 when my mother sponsored me through her work which is H1-B work permit (under H-4). When my mother applied for some amnesty called 405-1 (cannot remember the exact name/number) in 2000, our previous lawyer said that we will wait here in the U.S. until our green cards are issued. My mother asked the lawyer about the status and the lawyer said, we cannot do a follow-up Unfortunately, our files are seized by the USCIS when our previous lawyer was accused of hiring undocumented workers on their law firm. I've being living here in the U.S. for like 14 years and did everything I could to process my green card, but to no avail. I was considering applying for a green card myself with or without a help from a lawyer but im comtemplating about the timeline before I actually receive my green card.
Fong & Associates | William D. Fong
You are currently out of status. It sounds like your mother started the immigration process and may be eligible to get her green card if she has a US petitioner to file for her and she can use section 245(i) to forgive her unlawful presence and unauthorized employment by paying a $1000 penalty. As her dependent, if she is eligible for section 245(i), you can use it as well, but you need to find a US petitioner. Consult with an immigration attorney as soon as possible, 14 years of waiting does not look good.
Answer Applies to: Texas
Law Office of Christine Troy | Christine Troy
You may want to file a FOIA request with immigration, asking for a full copy of your file. It sounds like your mom filed something under 245i. So that means if you have a new way of obtaining a green card, that the government will allow you to pay an additional $1000 and will forgive an overstay or unlawful employment or an illegal entry. You should definitely not file anything without fully having your case analyzed by a competent immigration attorney as well. The form for the FOIA is at www.uscis.gov.
Answer Applies to: California
Law Office of J Thomas Smith | J. Thomas Smith Ph.D.
It sounds as if your mother petitioned for you under Section 245(i). *Section 245 (i)** **which became law *in 1994 allows persons who qualify to adjust status in the U.S. rather than return to their country of origin. However, a fine of $1,000 must be paid. Congress changed the law on January 14, 1998. On December 15, 2000, Congress extended the grand fathering to April 30, 2001. This change extends the benefits of Section 245(i) to persons who had labor certifications as well as persons who had visa petitions filed on their behalf between 1998 and 2000. To get your green card, you must apply to "adjust status". The visa approval notice your mother received must be included in your package along with your application fees and $1,000 penalty. How long it will take depends on your specific situation such as whether your application package is complete when submitted, and whether Requests For Evidence follow your submission. To be certain that you get it right the first time, consult an experienced immigration attorney to assist you.
Answer Applies to: Texas