Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Green Card Petition Approved in Four Months

Published: Jan 6, 2010 7:00 am

Our client is a citizen of India.  She is over 21 and unmarried.  Her mother is a lawful permanent resident of the United States, who obtained her status as a result of her United States citizen sisterís sponsorship of her.

Our client, her daughter, has Immigration Court proceedings pending against her alleging that she entered the United States without inspection.  We have been defending that proceeding for her on the basis that she is entitled to her motherís priority date when her aunt filed the petition for her mother, under the provision of the Child Status Protection Act.

Unfortunately, the Board of Immigration Appeals ruled against this position in a precedent decision in another case last year.  A class action concerning the propriety of the BIA decision is pending before the U.S. Court of Appeals for the 9th Circuit.  Our client is a member of the class.

We prepared and filed an immigrant petition for her mother on our clientís behalf to establish a new priority date in the event that the U.S. Court of Appeals issues an adverse decision.  We obtained approval of that petition in only four (4) months.

We have been obtaining continuances of the Immigration Court proceedings pending resolution of the issue of whether she will be able to utilize her motherís priority date, which would allow her to apply for adjustment of status to a lawful permanent resident at this time.  If the issue is ruled against her, she will have to wait until her priority date is current, which will probably take about 10 years before she can apply for adjustment of status.

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