Immigration Atty. Michael Gurfinkel
(Part 3)
In previous articles, I discussed some of the commonly asked questions about the benefits of Section 245(i), which was a law that allows a person who is out of status to adjust status (be interviewed for a green card in the US), even if they overstayed, worked without authorization, snuck across the border, jumped ship, etc.
In a previous article, I discussed some of the commonly asked questions about the benefits of Section 245(i), which was a law that allows a person who is out of status to adjust status (be interviewed for a green card in the US), even if they overstayed, worked without authorization, snuck across the border, jumped ship, etc.
Here are some more commonly asked questions about Section 245(i):
Petitions by Citizens:
The priority date for the First Preference Category, F-1 (unmarried sons and daughters of U.S. citizens, over 21 years of age) priority date moved forward by 1 month from April 1, 1993 to May 1, 1993.
The Third Preference Category, F-3 (married sons and daughters of United States citizens) priority date moved forward by 7 days from May 1, 1991 to May 8, 1991.
The Fourth Preference, F-4 (brothers and sisters of United States citizens)March 22, 1986.
With the upcoming presidential election in November, many civic-minded people are anxious to vote for the candidate of their choice. Of course, the right to vote is one of our most sacred freedoms and is the opportunity when every person’s voice can be heard.
However, only US citizens can vote. If a non-citizen votes in a federal election, it can, in most cases, result in a lifetime ban. As the law states: “Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.”
I have come across many situations where a person entered the US on a K-1 visa, but the relationship didn’t work out with that American petitioner. The person later falls in love with a different US citizen, or finds an employer willing to petition her, or a petition by a sibling or parent now has a “current” priority date. However, because they entered the US on a fiancée (K-1) visa, they are not able to adjust status in the US through these other avenues.
Recently, the Department of State (DOS) published instructions in connection with the 2010 Diversity Immigrant Visa Program (DV-2010). Under this program, a maximum of 55,000 diversity visas are available each year (through a random lottery selection) to persons from countries with low rates of immigration to the United States.
However, people from countries with high rates of immigration to the US (i.e. countries sending more that 50,000 immigrants to the US over the past five years) are not eligible for the DV-2010 program. The DOS specifically lists the Philippines as among the countries whose citizens are not eligible to apply for the Diversity Immigrant Visa Program. This is because the Philippines has clearly sent more than 50,000 immigrants to the US in the previous five years.
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