Legal Question in Immigration Law in Minnesota

Dear all,

I'm 26, and son of U.S citizen. I'm born in Ethiopia but i'm a Somali citizen. When I was 2 years old my family move to Italy and I was there for 25 years.

On March 8, 2012 my sister and I, who she is born in Italy and she is citizen, we came in America.

On July 16, 2012 we both applied for I-130, that have been approved.

For some reason, my sister could apply for I-485, instead of my that they said I have to wait for bulletin visa.

Why there is this difference?

we are both children of U.S. citizen, that did the application for us.

I have the Italy green card because I'm not born there so I'm not citizen as opposed to my sister.

She is 23 years old.

I know is confusing but what i'm asking is: why I can't apply for I-485? and how long I have to wait?

if my visa will expiry before the time I have to go back to Italy???

Thanks for the help

Asked on 9/03/13, 4:47 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You would need to look on the I-130 approval notices to see which family based category you both have been designated under. There must be some reason that her priority date is current & yours is not. Without reviewing your documents, I cannot tell you why your sister is eligible to adjust and you are not. It has nothing to do with the fact that she is an Italian citizen.

If your visa expires before you are eligible to apply for adjustment, then you must either leave the country or find another non-immigrant visa category to change to before your current visa expires.

You should have an experienced immigration attorney review your documents in order to obtain a more precise legal opinion for your situation.

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Answered on 9/03/13, 7:20 pm

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