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Immigration Issues/lengthy green card process

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Question
Dear Atty Arora,
Just wanted to know what is the most reasonable way for me to become a GC holder here in the US. I am currently here, H1B visa, with my husband, who holds an H4. We are both foreign-trained nurses but because of the backlog in employment-based visa, we can't find any hospital or nursing home to sponsor us for our GC's. Now, my parents are legal residents here. Our entire family was actually petitioned (back when I was 6 years old) but because I "aged-out" at the time when our priority date was current (I was already 23 when our petition was approved), my parents and younger sister migrated here without me. Luckily though, I found a job that sponsored me for my current visa. Can my parents file a petition for me even if I'm married? Or should I just wait for hospitals/ nursing homes to start sponsoring nurses again? Thanks for your time and attention, Atty. All the best.

Answer
Hi,

A parent must be a U.S. citizen to sponsor a married child. This will be the 3rd family preference category: www.h1b1.com/sponsor.htm and there is a wait of many years in this category for the priority date to be current: www.h1b1.com/visawaiting.htm

You would need to maintain nonimmigrant visa status (such as H visa status) in order to remain legally in the U.S. until the priority date becomes current. Re. employer sponsorship, unfortunately it is a lengthy process totally dependent on the support of the employer: www.h1b1.com/laborcert.htm

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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