My Immigration Case

Hello!

I have a question regarding my pending case with the Immigration and Naturalization Service (INS).

My mother, my brother and I are Mexican citizens. We immigrated to the U.S. in early 2001. My aunt, an American citizen, filed an I130--Immigrant petition for relative, fiance, or orphan in April 2001. By August of that same year, we received a letter from the INS stating that the application had been received. On August 10, 2005, the INS approved our I130 petition/application.

So, my family and I have been waiting to hear back from the INS to see what the next step will be. We have sought brief legal advice from lawyers we have been referred to, and they have said there is nothing we can do to speed up our case. Is that true?

The reason I ask is because I have a friend who was in a similar situation--her dad was/is a legal permanent resident and filed a petition for wife and daughter around the same time as my family's petition. After their application was approved, they waited a few years to hear back from the INS. Once they thought they had waited enough, they sought legal help and were able to speed up things and received their Green Cards and SS about 3 years ago. I know that priority is given to parents-children, and then spouses and then relatives. That might have been a reason why she was able to speed things up. But, would you mind clarifying this for me?

Another thing that I want to bring up is that I am no longer a minors since I am 24 years old. I still live at home with my parents and I am neither married nor have I been married. When we received a notification of approval on August 10, 2005, I was 18 years old, but just one month away from turning 19. So, do I still qualify for fixing my status under this application? I do not have a criminal record at all. I have always stayed out of trouble. I also have filed taxes ever since I became employed and have gone to college. I have a Bachelor's degree and will be starting a Masters/PhD program in the fall.

Last of all, my brother has been getting in a lot of trouble with the police. We've reported him several times as a runaway because he was not coming home when he was told. Police have also caught him with possession of marijuana, a scale and $400 in cash. He was brought home and given a misdemeanor, I believe. I am sure he's also been caught drinking and given a minor since the state we live in has a zero-tolerance for people under 21. Oh, and my brother also went to court because he punched a kid in the face when he was 12 or 13 years old. The other kid lost his two front teeth and his family decided to take my brother to court. My brother was ordered to do community service. All of these things happened before he turned 18 years old. Will my brother's criminal record affect our immigration case? Are we going to be judged as a family or as separate individuals?

I appreciate your time and consideration. I look forward to hearing from you soon!

Please give us time as we look into your situation. Thank you for your patience!

- Jazmin

Hi Carlos,

1. Your mother who is from Mexico was petitioned by her sister. Currenlty, there is a big delay for that category. Immigration is working on cases with a priority date of March 1, 1996. Your mother's case should have a priority date of April 2001 (when it was filed). Your mother and dependent relatives will not be able to apply and obtain permanent residency until the priority date is current.

2. Your brother should be very careful. Juvinile convictions also have adverse immigration consequences and can be used as the basis for removal proceedings.

3. You are no longer a minor. It seems that you may not be able to benefit from your mother's case. The law allows you to deduct certain period of time when the petition was pending but at this point you are already 24 and your mother's case will be pending for many years to come. You are however, grandfathered by a law that ended in April 2001 and you can use your grandfathering status to apply through other basis.

I hope the information is helpful and good luck with everything.

Thank you for your speedy reply, Elsie.

You mentioned that I am grandfathered by a law that ended in April 2001 and can use my grandfathering status to apply through other basis. What are these other basis that you mention? And when can I start applying for these?

Mil gracias!

Carlos,

We will post up a response soon. Thank you for your patience!

- Jazmin

Hi Carlos,

As a grandfathered individiual, you will be able to use it in order to apply for adjustment of status when and if you become eligible to do so. You will be able to apply for adjustment of status based on an employment or family sponsorship. If you have any other questions, please contact me directly by email at elsie@elsievasquezlaw.com.

Good luck,