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Immigration Issues/re: immigrant visa and adjustment of status


Please could you advise me on this matter: I am an 28 year old international student in USA on an F1 student visa.  Before I came to the States (in 2004) my mother who is a green card holder had already petitioned for a green card on my behalf (this was in 2003).

 Please I'll like to know if the Adjustment of Status procedure can apply to my case since I'm now in the country.  Could you also advice me if there is any additional legal procedure either I or my mother should pursue regarding my pending application.

Also, I have three elder siblings who are US citizens.  What effect, if any, does this fact have on my case.

  Thank you for your expected advice.

Assuming you are unmarried, the priority date for this category of filing is August 22, 1995.  To be eligible to file for adjustment of status, you will need to wait until the priority date is after the date you filed the green card.  Since you filed 2 years ago, you have about an 8 yer wait.  If you are married, you cannot get a green card through your permanent resident parent.  

I am surprised that the consulate would issue and F visa since you would need to show your intent to return to your home country at the end of your education and the fact that you had an I-130 pending would indicate an intent to immigrate.  I hope that you did not make any misstatements when you applied for the F-1 or you may have even bigger problems (immigration fraud).

The priority date for a green card filed based on being a brother or sister of a US Citizen is at least two years further back then for the unmarried son or daughter of a green card holder.

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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