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I have lived in US for 22 years, My sister is a US citizen and because of her we were able to apply through 245i back in 2001.

Monroe, NC |
Filed under: Immigration

I was accepted, but I got married in 2011 am I going to be affected, or do I still qualify? can my husband be included in my application?

Attorney Answers 3

Posted

As a sibling visa petition beneficiary, your spouse and children may accompany you. There will be additional visa applications for them at the consulate. You may want to retain counsel to coordinate and represent you and your family accordingly.

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Lisa R. Brenman

Lisa R. Brenman

Posted

Your priority date (the date your sister filed for you) may be available or current soon. A consultation with an experienced immigration attorney should answer your questions.

Posted

Are you in the US? You can still qualify when the priority date becomes current on the petition.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Posted

If you qualified under 245(i), you keep your qualification. Whether your husband will derive your 245(i) benefits depends on several factors, chief among them being when you married. If he did not derive 245(i) benefits, he will not be permitted to get his residence in the US.

Because derivative 245(i) benefits are tricky, I would strongly urge you to consult with an experienced immigration attorney who can review all the facts and advise you and your husband appropriately.

Good luck!

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.

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