Immigration Issues/I-130 Petition

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Question
my mother who is a us citizen petition my sister who is over 21 yrs old and married, does she really need to wait about 8 yrs for her adjustment of status, since she apply for I-130 on 2008, and does my sister need to apply for her adjustment of status here in the usa (she enter with visa) or go back to her country?

Answer
Your mother has filed for your sister in the 3rd family preference category. Information about family sponsorship categories is here: www.h1b1.com/sponsor.htm

It can easily take several years or more for the priority date to be current before your sister can adjust status. Information about priority dates and visa bulletin is here: www.h1b1.com/visawaiting.htm

In order for your sister to adjust status in the U.S. when her priority date is current, she will be required to be maintaining valid nonimmigrant visa status. The filing of the I-130 petition is not a legal basis for remaining in the U.S.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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