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Question

I am so depress about my situation its like i am getting crazy. i was a teacher in a schoolin my country and my husband brother filed for him when he was about 23 years old. I remember him getting some paperwork that listed the preferences but after that we did not get anymore paperwork in the mail. He decided to travel so he was issue a visa from the american embassy in our country jamaica. He travel several times until i apply for mine and got a visa. I use to travel when i got summer and easter holidays from school. In April 30, 2001 his brother put in a immigrant petition for relative . We got a letter stating that notice date was November 8,2005 that the petition was approved. My husband call the number on the letter but we have not got anything further. I hate living like this because i was a teacher in my country and my husband was an accountant and we are just here in the USA fighting to stay alive. I hope my mind can get settled one of these days and live a life that i always wanted to.

Submitted: 453 days and 22 hours ago.
Category: Immigration Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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Optional Information

bridgeport, Connecticut

Already Tried:
We have tried to call the number on the letter (XXX) XXX-XXXX and they told my husband to call vermont and when he call they said that it did not reach that office as yet so we dont know who to call now. We are just waiting to see what happens and its 7 years now . I am a Certified Interior decorater now and am looking forward for a job or if someone can sponsor me. I do nurse aid work but its hard for people to employ me without asking for papers. I am liked wherever i work and am very patient. My husband do construction work whenever he gets work but its like we are looking over our shoulder all the time. I do a lot of sewing when i get work like draperies, upholster chairs and my client keep on asking me why dont i get a shop and open a business but they wouldn't like to know that its my dream to own a business. All i can do is vision my business and i know i will be successfull. THATS MY DREAM

Accepted Answer

The problem that you have is that it is a 4th preference category. This has about a 12 year wait. And currently, there is no law that allows you to jump ahead in line of anyone else that is also waiting. You can take a look at the most current visa bulletin under 4th preference family based immigration. You will notice that the current date is 1OCT1997. This means that until that date reaches 30APR2001 or later, you cannot use that petition.

 

You cannot leave the U.S. either because then you would not be able to come back in for 10 years. So unless a new law comes out (which might after the elections), or unless you get divorced and each of you remarries to a U.S. Citizen (for love, of course), there isn't much that you can do except wait.

 

Here is a link to the most current visa bulletin:

 

http://travel.state.gov/visa/frvi/bulletin/bulletin_4328.html

 

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Expert: Guillermo J. Senmartin, Esq.
Pos. Feedback: 99.6 %
Accepts: 
Answered: 8/26/2008

Immigration Lawyer

10+ years of experience in various aspects of U.S. Immigration Law.

453 days and 19 hours ago.

Reply

Thank you for your reply i really appreciate the answer. My daughter got married to a US citizen and she wants to file for me but right now she is a conditional residence. She got her green card 3.16.06 and she has file to take off the conditional residence. I would like to know when will she be eligible to file for me and when will she be able to file for citizen

Posted by Guillermo J. Senmartin, Esq. 453 days and 19 hours ago.

Answer

She has to become a U.S. Citizen first. If they approve the removal of the conditions, then she has to just count 2 years and 9 months after the date on her residency card to apply for U.S. Citizenship IF she is still married to the same spouse. She cannot apply any earlier. Once she is granted, then she can apply for both you and your husband(individually), if he is her father.

453 days and 16 hours ago.

Reply

I would like to know if you count from her conditional residence or from when she got the green card in 3.16.06

Posted by Guillermo J. Senmartin, Esq. 453 days and 10 hours ago.

Answer

You could from the date she got the conditional residency. It should say "residenct since:...".

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