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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105701
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am an unmarried male over 21 and currently in the US on

Customer Question

I am an unmarried male over 21 and currently in the US on work visa. My parent has sponsored me for green card. Can I file for adjustment of Status or do I have to wait for a visa number?
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 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.

You have to wait for a visa number, but there has been a recent change that can help you if you are maintaining legal status. What is your Priority Date? Your parent is a U.S. Citizen or a U.S. Lawful Permanent Resident? What country were you born in?

Customer: replied 2 months ago.
Thank you Guillermo. My parent is a U.S. Lawful Permanent Resident. I was born in India and my priority date is February 12, 2016
Customer: replied 2 months ago.
Also, what is the change in the law?
Customer: replied 2 months ago.
Also if this helps. I have been in legal status in the US from 2007. As a student and then on work visa from October 2012
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Unfortunately, it is not a good enough change for you. You still have a long wait. Here is a link:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-october-2016.html

In the first chart, that's how long you have to wait to get a green card. It looks like it is a 6 year wait because they are in March 15, 2010 and you have to wait until that date gets to February 12, 2016. In the second chart, that allows you to file an I-485 and get a travel permit and work permit while you wait for the date in the first chart to become current. Even using the second chart, you only save about a year. So you still would have about 5 years before you can file the I-485. So unfortunately, you have to maintain your current status which I assume is an H-1B. You may want to explore getting Residency through an employer as well. At least having an approved I-140 will get you additional extensions of H-1B after the 6th year.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Thank you for your kindness and respect. Good luck to you.

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