Ask an Immigration Lawyer. Get an Answer ASAP.
Ok, take a look at this link:
All Chargeability Areas Except Those Listed
CHINA- mainland born
He is under the 3rd preference, and you will see that the date there is 08SEP01. This means that only I-130s filed on or before September 8, 2001 can now be used to immigrate to the U.S. This is a waiting line. There is nothing in the law that allows anyone to jump ahead of anyone else in line not even in the case of an emergency. So unfortunately, assuming that the priority date is in 2009 or 2010, he still has about an 8 or 9 year wait or so until 2001 gets to 2009 or 2010. Until that time, he will not be able to immigrate using that petition. I am truly sorry. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click ACCEPT. That is the only way that I can get paid a small percentage of your deposit. If you do not click accept, the website gets all of your deposit and I get nothing. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).