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Immigration Issues/upgrade petition from brother



  I am in the USA with an F1 visa since I am a student. My brother who is a US citizen filed an I130 petition for me on Nov, 2001. My petition got approved and sent to the NVC in Oct. last year.

I have two questions pertaining my case,

     1. My girlfriend and I are planning to marry soon. She is a US citizen and we are wondering how we have to proceed to upgrade (or modify, if that is the case) the old petition from my brother once we are married.

     2. Also, when I got the notification from NVC that they have received my case from USCIS, my personal information was not correct. So I contacted them and they asked me to send copies of documents to correct their errors. One was my name. and the other one was my address. I sent the documents two weeks ago, I still haven`t heard back from them. How should I proceed to make sure they have updated my information?. Note that USCIS had it correct and once it reached NVC was not correct.

Thank you in advance for your help

Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Manuel,

Congratulations on the engagement.  Immigrating through your marriage to her should not have any implication on your brother's petition or vice versa.   Usually, this is not a concern.

As far as the NVC not contacting you nor correcting your information.  That is typical.  As you know, the visa that your brother applied for you will take years to ripen, so NVC wont' contact you until that petition becomes current and by then you would hopefully already be a US permanent resident or naturalized US Citizen!

You do already have a history with NVC and the USCIS, so you should proceed cautiously with your new petition.  If you haven't already considered hiring an attorney for the marriage case, you should consider this now, especially since doing this properly will mean never having to deal with the immigration service again for permanent residency!

Good luck,
Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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