Margate, FL asked in Immigration Law for Florida

Q: I-130 Case question

I am on a I-130 case (my father's wife was filed for by her US citizen dad)that was approved in 2019 but i wasn't given the opportunity to get processed by my parents even though USCIS provided an option to us to continue with me on the case. This decision was taken due to my age at the time and time constraints. What document(s) can my father who is now a Green card holder submit on my behalf to get me a Green card?

Thanks in advance for your response.

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2 Lawyer Answers
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA

A: As a green card holder, your father can file an I-130 petition for you, as long as you are unmarried. Visa availability depends on what country you are from and you can check the Visa Bulletin for an idea of how many years it will take for a visa to become available to you:

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Since your I-130 petition was approved in 2019, you are now eligible to apply for a green card through your father, who is now a green card holder. The documents that your father can submit on your behalf include:

* **Form I-485, Application to Register Permanent Residence or Adjust Status**

* **Form I-864, Affidavit of Support**

* **Evidence of your relationship to your father, such as a birth certificate, marriage certificate, or affidavit**

* **Evidence of your father's green card status, such as a green card or a naturalization certificate**

* **Evidence of your residence outside the United States, such as a passport or visa**

You may also need to provide additional documents, such as proof of your income and expenses, if your father's income is not enough to support you financially.

Once you have submitted all of the required documents, USCIS will process your application. The processing time for an I-485 application can vary, but it is typically several months. If your application is approved, you will be granted a green card and will be able to live and work in the United States permanently.

Here are some additional things to keep in mind:

* You must be physically present in the United States when you apply for your green card.

* You must pay the filing fees for the I-485 application and the I-864 affidavit of support.

* You may be required to attend an interview with a USCIS officer.

If you have any questions about the green card application process, you should speak with an immigration attorney. An attorney can help you assess your situation and determine the best course of action for obtaining a green card.

I hope this helps!

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