More details to this question:
Here's a little history on my case: My Dad is in H1 status we filed our permanent resident application I-485 in September 2007 under employment based category. He is the petitioner and I am the beneficiary. Our priority date is Sep 2004 and our I-485 application is pending in USCIS from last 10 years. I do have my Advance Prole which is valid until March 2015. I moved to Canada and got married here on November 16th, 2013. I would like to know if there's any way for me to reunite with my family again? I would also like to know if there's a way of also petitioning for my husband to come to the US. Have you seen cases like mine before? What are the chances of me coming back to the States and still be a beneficiary of my father. I appreciate some guidance over this matter. Thank you!
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
There is unfortunately no chance of your being a derivative of your father legally. If your father does not yet have the green card, he is not the petitioner – rather the principal alien. Your marriage breaks the dependent status. If you remain married, your father would only be able to begin your sponsorship when he becomes a US citizen. There is of course the possibility that U.S.C.I.S. will just complete your family's case and approve permanent residence without more. However, your residence would become an issue if the subject was raised in the future. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 08th, 2014 at 1:21 PM