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 8/25/10, 3:39 am

2 Answers from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

It takes many years for a fourth preference petition to become current. You must wait until it is current to adjust. Since you are on F-1, it would probably be better to go for your H-1B and then PERM.

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Answered on 8/30/10, 7:36 am
Luba Smal Smal Immigration Law Office

As I've answered this question a few days ago, no, you can't file I-485 and I765 - because in this visa category you need to wait for your priority date to become current. Mere approval of a brother's I-130 is not enough. What is your priority date and country of birth?

Please don't post duplicate questions on this forum.

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Answered on 8/30/10, 7:58 am


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