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Filed for sister I130 with 245(i) in April2001.She and her…

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Filed for sister I130 with...
Filed for sister I130 with 245(i) in April2001.She and her husband with son(now 17) and daughter(now 20) came to US leagally in 1995 but out of status since 1996. Very clean record.
i130 immigrant petition for sister approved in sept2009
priority date april 25 2001
status adjustment allowed under section 245(i) in usa
what is next process
when pd is current where is 485 to be filed.petition says to file 485 with copy of petition acceptance to local cis district ofice
how long wil it take
any other forms to process
what documents required and how much fee/expenses.

what else is to be filed
Submitted: 8 years ago.Category: Immigration Law
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Answered in 4 hours by:
6/29/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,926
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Are they still inside the U.S.? Also, what country are they from?
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Customer reply replied 8 years ago

They are from India and living in USA since 1995. Never worked illegally anywhere ever.Husband and wife doing business legally and filed tax returns and paid taxes

regularly for last 15 years. Daughter Sr. in college,son Sr.in High School.Husband has S.S# XXXXX Licence.

Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

Having your own business in the U.S. while being out of status is still illegal employment because they are still being compensated by the business. But that doesn't matter because illegal employment is not a reason for denial of a family-based Residency.

 

When the Visa Bulletin shows that the Priority Date is current which I assume will be about 4 to 6 months from now, maybe less, maybe more, then they would file an I-485 depending on where they currently live (check the instructions), $1010 for each, I-765, G-325A, medical exam, police clearance letter from the local police from every county (not country) where they have lived for 6 months or more and an I-864 from you showing that you make enough money to guarantee to the U.S. government that they will not become public charges. There income does not count because it is illegal. You would need to submit proof of your U.S. Citizenship, your last income taxes, letter from your employer and last 3 to 6 months of paycheck stubs and bank statements. If you do not make enough money (you have to add yourself, any dependents and your sister, her husband and children), then you will need to find a joint sponsor to ALSO file an I-864 and all the evidence (by also, that means that you have to file everything and the joint sponsor must also file their own I-864) and the joint sponsor can be any U.S. Citizen or U.S. Lawful Permanent Resident age 18 or older that makes enough money. It does not have to be a relative or household member. Here is a link to the poverty lines:

 

http://www.uscis.gov/files/form/i-864p.pdf

 

So for example, if it is 4 of them plus yourself and your own husband and maybe two children, that is 8 total. You would look at the 125% poverty line and that is $46,262.00 per year that you must earn.

 

And EACH of your family members must also file an I-485A with $1000 and proof that they were each in the U.S. on December 21, 2000.

 

This may be complicated enough that it would be good to have an attorney help you. You can look for one at http://www.ailalawyer.com/.

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Customer reply replied 8 years ago

PD at this time is Jan.2001 and it might move to April2001in July which is their PD . What You think?

Do I or them get any communication from NVC once PD is current?

How much time it takes after they file i485 with all documents required? Is it to be filed in Chicago or local CSI office?

If we hire you to file i485 and all other papers how much is your fee?

Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

Not sure what you are asking when you ask me what I think. Whether it moves up next month or 5 months from now, my answer is still the same. And no, you would not get anything from the NVC that would help you. What you would get from them is information on how they should process outside of the U.S. You want to ignore that and file directly with USCIS in the manner which I described above.

 

You look at the instructions on the I-485 to see where it is filed. It should be to Chicago. Almost nothing ever goes to the local offices anymore.

 

You would best be served by hiring someone in Maryland that would be able to go to the interviews and the like. A reasonable fee would most likely be between $1500 to $3000 per person (they should be able to give you a group discount) plus the costs.

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Customer reply replied 8 years ago

Thanks. Could you please also tell me how much time it takes after filing i485 and all documents have been submitted.

Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

Normally, it should take 5 to 7 months. However, because it is so many individuals and they want to keep the files together and there is also the I-485A forms to take into consideration and the like, it can probably take a year or more.

 

Also, please do not forget to click accept so that I can get credit for my assistance to you. You are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,926
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Customer reply replied 8 years ago
Few days back you had satisfactorily replied to my question.I have a followup question.

My brother in law has 44 credits of social security. Should they file I864 or i864 w?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago

Is your brother-in-law the beneficiary? He is the one that is asking or will ask for the green card? If so, are those 44 credits due to legal employment?

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