Legal Question in Immigration Law in New York

My brother is a US citizen and I have just been approved I-130. I am currently studying in the states on a F-1 visa. I am not exactly sure what step I should take next and would really appreciate it if someone could tell me what my options are? For example will I be eligible to file a I-485 Adjust Status or a I-765 Employment Authorization? I am over 21 (just turned 22), unmarried and filed I-130 under brother/sister greencard category. Please help!


Asked on 8/23/10, 12:08 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

No, you are not eligible to file any other immigration applications yet. You can file the I-485 and I-765 only if your Priority date is current (for your visa category and your country of birth). I don't think that it's current as waiting time in this visa category is from 9 years (for majority of the countries) to 19 years (for Phillipines).

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Answered on 8/28/10, 12:23 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

The priority date must be current in the 4th family preference category (F4) for your country of chargeability in order to adjust status and obtain benefits such as employment authorization. It is unlikely that your priority date is current. Information about family sponsorship categories is here: www.h1b1.com/sponsor.htm

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Answered on 8/28/10, 1:24 pm


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