Hi everyone,
I am new to this forum but found alot of excellent information. I had a few questions.
My father applied for a green card through his sister (who is a US citizen) in January 1998 and was approved in a year. At that time, my sister (also under my dads application) was 14 years old. Recently, my father spoke with a lawyer and found out that they should be getting their GC within a couple of months. But the lawyer says that...since my sister (who is now 24 and unmarried) will not be eligible for the GC.
Right now my parents have also applied for a GC through labor certification and they (my parents and sister) are currently in possesion of the Employment Authorization card which is being renewed annually. The lawyer said that if my parents accept the GC through his sister, then my sister will loose her Employment Authorization Card as well along with any sort of status to be here/work here legally.
Does anyone know anything about this?? How can my sister still be covered under my parents without losing her status? Please advice
Thanks so much for all your help.
The lawyer is right. Once your father gets his family based GC, his employment based AOS is no longer valid. Thus the EAD (and dependent EADs) based on that AOS is null and void too.
The lawyer said that if my parents accept the GC through his sister, then my sister will loose her Employment Authorization Card as well along with any sort of status to be here/work here legally.
But the lawyer says that...since my sister (who is now 24 and unmarried) will not be eligible for the GC.
Is she eligible for CPSA, through either the fathers FB4 or the EB petition? Ask the attorney. If he doesnt know, find a competent one.
The lawyer said that if my parents accept the GC through his sister, then my sister will loose her Employment Authorization Card as well along with any sort of status to be here/work here legally.
Unless shes covered by CPSA, shes going to have her I-485 denied and have no further basis to stay in the US.
I will ask my dad to look into the CSPA with the lawyer. I also forgot to mention that my sister is a Registered Nurse...but from what we have heard...sponsering a nurse is a lengthy & hard process as well.
Also...what if my dad denies this approval through his sister (in the immigration system..both my dad and his sister still have their old addresses..so he can just say he never got the notice) and just waits for labor certification to be approved?? This way my sister would not loose her status. BUt I wonder if he doesnt take the GC through his sister...then would all his other pending applications be denied as well??
ANy additional info will help.
Help with sibling application (almost approved)