Posted by: nagarikreport May 8, 2011
Mero Pravachan on Immigration Law
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Wrong information was floating around, so I thought to write this pravachan. 

1)      1) Getting green card is a two step process :

a)      a) Establishing eligibility (I-130 for relative petitions, I-140 for employment based petition).  Few other criteria but those are mostly not applicable and we will not discuss it here.

b)      b) After eligibility is established or when the eligibility documents are pending, filing for Green card which is Form I-485.

2)      2) You cannot file for green card until the Visa Number is current even after I-130/I-140 is approved.  This is a numerical number assigned under each category of visa by the State Department.  Current means your I-130/I-140 must be filed on that day or before in order for you to file and get your green card.  Also, if you file for your green card when your visa number is current, you will get green card only if visa number remains current.  If Visa number retrogresses, you will have a green card pending status with all the benefits of green card but you will not get your green card until the number becomes current. 

3)      3) For US citizens, certain age specific children, spouse and parents do not have to wait for any visa number.  For them, it’s always current.  So, if you are a US citizen, you can marry a girl/guy and file for forms I-130/I-485 at the same time. Same is true for parents and age specific children.

4)      4) Familarize yourself with this page: You won’t need a dumb head attorney after this.  http://www.travel.state.gov/visa/bulletin/bulletin_5424.html

 

 Disclaimer: Anything posted in this website is just general information and it should not be construed as legal opinion.

Last edited: 11-May-11 04:39 PM
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