Process timeline for immigration naturalization process

Los Angeles, CA Viewed 1500 times. Posted 11 months ago in Immigration

Immigration: My question on immigration regards to my younger sister who is 23 years old. We came to this country 20 years ago after the death of our father. My sister, brother, mother and myself were petitioned by my grandmother and started the naturalization process in 1995. We were all given social security cards and work authorization. I got married and so did my brother so we were able to resolve our status. As for my mother, she is still waiting and is receiving work permits year after year.

However, my younger sister was taken out of the process once she turned 21 and was no longer able to receive her work permit. We saw an attorney whom said that she basically had to wait until my mother's visa came up so that she could sponsor my sister. She also said that she is protected from being forced to leave the country due to something called 245i (If I recall correctly). As for employment, the attorney said that she would be still be able to work, if she found an employer who would hire her as an Independent contractor due to the permit situation.

I'm stunned about her situation because she's been here since she was 3 years old and this is where she calls home. In fact, if she were to go to our native country, she wouldn't know anybody nor would she be able to communicate with anybody.

Is there anything that my sister can do?

She is a single parent with a 3 year old child and is doing what she can to survive since she was struck by this change 2 years ago. Her life really took a halt. She wants to go to school but doesn't have the means to pay for it because as an AB540 student, she would have to pay the fees out of state students pay. She has not been able to find employement where somebody will hire her as an independent contractor and depends on others to move her around because of the fact that she can't get a driver's license.

I'm really hoping that there's a way my sister can get help. It's incredibly sad how flawed the system in this country is because immigrants are all measured by the same ruler but little do people know how each individual's story is different from the others. One would never guess my sister was in this situation.

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Answers (2)

Rebecca Cook Black

This attorney is licensed in Florida. Posted 11 months ago.

This is one where you really need to see everyone's documents to be sure of the answer, but here goes. . .
Your sister is apparently "grandfathered" in under an old "new law" called 245i. Someone grandfathered in under 245i can't get work authorization, a driver's license, any other indicia of normal life, however, they CAN marry a US citizen or have a business sponsor them with a labor certificate, and eventually be able to adjust status to permanent residency.
245i forgives illegal presence, work without authorization, as well as illegal entry. The requirements are that an immigrant petition or labor certificate was filed on their behalf prior to April 30, 2001 AND that the underlying application was "approvable when filed" i.e. not fraudulent.
So for instance. . .
Josepa enters illegally, however Josepa is the adult child of a permanent resident (LPR) from Mexico whose LPR parent filed an I-130 application on his behalf in February 12, 2001. This filing of an immigrant petition grandfathered him in under 245i. Currently USCIS is working on visas whose applications were filed in 1992. Does Josepa have to wait 9 years to adjust status? Not necessarily.
SCENE 1: Josepa meets a nice USC girl- Tina, they start going out, they eventually marry, live together, combine bank accounts etc and generally do what most people do when they have a bona fide marriage. Tina files an I-130 application on his behalf, he files the I-485 permanent resident application and the I-765 work authorisation and the I-485(a) on his own behalf. They go to an interview where the interviewer tries to determine if the marriage is fake or not. If they pass,he gets a green card. If they fail, in Jacksonville they are handing them notices to appear before the Immigration Judge for deportation proceedings.
SCENE 2: Josepa has a company willing to sponsor him under the Labor certification process. 3-6 years later he will be able to adjust status assuming that the comapny is legitimate and follows all the steps necessary to sponsor an alien for permanent residency.
SCENE 3:Josepa enters illegally, however Josepa is the adult child of a permanent resident (LPR)from Mexico whose LPR parent filed an I-130 application on his behalf on May 12, 2001. Is he grandfather in? No. Can he marryTina? Yes. Can she file an I-130 application for him? Yes. Can he adjust status and get his green card or at least a work card and a driver's license? NO he is out of luck and has to wait for a new law or try and consular process and seek a waiver of the 10 year bar if he can show EXTREME hardship to a USC.
SCENE 4: Poor Josepa and Tina. They are married, She has filed the I-130 but they can't go to the next step because he is not grandfathered in. He gets pulled over for driving while alien. The cops ask for proof of legal presence and ahul him in to the local jail. The cops notify ICE they have detained an illegal.
HOWEVER, Josepa can show he has been here longer than 10 years, has good moral character, and they can show EXTREME hardship to a USC if he were to be deported- he supports her and her child from a previous marriage, she is severely depressed and undergoing treatment because of his incarceration and threatened deportation, they have a handicapped child together- she has to take care of the child and Josepa is the sole source of support- finacially and emotionally. They go before the Immigration Judge and apply for cancellation of removal and the Judge likes them and their story. Josepa is free to adjust status.
Please keep in mind that this is a very simplified sketch of what is going on and may not really apply in your sister's case as I haven't seen her documents. Please find a reputable immigration attorney who can sketch out a good game plan for her. As immigration attorneys are not limited geographically, you are not limited to the only one in your town. Good luck!

Kevin Lawrence Dixler

This attorney is licensed in Illinois. Posted 11 months ago.

Section 245i does not 'protect' her, it merely provides a means to 'eventually adjust' status when a priority date becomes current. She lives in the U.S. unlawfully. Some attorneys may differ to cases such as Subhan in the Midwest, among other decisions. If the date that she was petitioned is not a date that allows for her to process her non-immediate visa, then she is her based upon luck, nothing more. The visa for which she was petitioned by her mom conveys no special privilege 'until' it becomes current.

This means that she is here at the discretion of the Government. If she gets too upset, she can create a bit of misery for herself. She may eventually be able to process. If she marries a U.S. Citizen based upon a good faith relationship, then she can move forward sooner with her permanent resident status processing.