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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106866
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am trying to find out what the next step is in trying to

Customer Question

Hello, I am trying to find out what the next step is in trying to complete the immigration process for my sister (unmarried, 35 years old) in order for her to receive her green card. My father, the petitioner, filed I-130 which was approved with a priority date of August 3, 1995. My father had filed I-130 for my mother, my siblings and myself, unfortunately when our interview dates came up, my sister had aged out of the second family-based preference category. As an F2B family-based preference category, the priority date became current Nov. 1, 2015 (Mexico). She has not received anything in the mail and has not received any email/text updates. Should she be expecting some kind of notification in the mail about what the next step is?
Also, we have been under the impression that because my father filed I-130 while we were here in the United States she would be able to complete the process here and not have to travel outside of the US for further processing? She entered without inspectio
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Is your father still a Resident or he became a U.S. Citizen? Did your sister marry? Was it before or after your father became a U.S. Citizen?

Customer: replied 1 year ago.
my father is still a Permanent Resident. No my sister is not married.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. Then there are two options. The free way and the expensive way:

1) The free way is to contact the National Visa Center (NVC) and ask them what is going on with the petition. I would call very early in the morning, like 7am EST because it's near impossible to get through later in the day. Here is a link:

http://travel.state.gov/content/visas/en/immigrate/nvc/nvc-contact-information.html

2) The expensive way is to file an I-824 to re-initiate the I-130 meaning that USCIS will send another copy of the approval to the NVC. Here is a link:

http://www.uscis.gov/i-824

The fee is $406.

You can do option #1 first to see how it goes and if they aren't able to resolve it, then you can try option #2.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 1 year ago.
National Visa Center usually means she has to file for an immigrant visa. Is this what she will have to do? My sibling weren't required to leave the US when we got our green cards.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

No. They were supposed to have contacted your father automatically when the Priority Date was getting close to becoming current. So you should contact them to find out why they didn't. Or maybe your father mover and did not notify them. I don't know. You have to contact them and find out. If that doesn't resolve anything, then your father would file an I-824 to ask USCIS to resend the approval to the NVC so that the NVC can begin processing. And if that doesn't work, your father could also file a new I-130 but request the old Priority Date be used.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Customer: replied 1 year ago.
I would like a second opinion from another expert, so if you could make my question available to other experts I would appreciate it. Thanks
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I don't mind that you get a second opinion, but the problem is that I am not given a salary to be here. I only get compensated from a portion of your deposit and that's ONLY if you leave a positive rating for me. If you do so and I open it up to other experts, they probably will not respond because I have already been paid. If you do not leave a positive rating for me and I open it up to other experts, then I risk not being paid because you leave them a positive rating instead of me which isn't fair. If you like I can ask another expert to respond that they agree with me, but other than that, the only other way for you to get a second opinion is for you to post a new question and pay for that question and have another expert respond. So please let me know how you would like to proceed. Thank you.

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