Millions are now qualified to obtain green card through sibling petitions filed in 2001. This is for the good of all immigrants and the news ought to be spread around because some beneficiaries may not even know what to do. Some of them are hoping they will receive a letter informing them that it is now time to get their green card. Such letters may never come. Majority of those affected are not young and might not be reading updates on immigration matters. Please help us reach them immediately.  

On or about December 21, 2000, President Bill Clinton on his way out of office helped passed a bill called the LIFE Act. Under the LIFE Act was the passage of Section 245(i) of the Immigration and Nationality Act which allowed all immigrants who entered the United States without inspection and those who overstayed their authorized stay in the United States to apply for adjustment of status in the U.S. by paying the sum of $1000 as penalty for their immigration violation. The only caveat at that time was that the petition must be filed before the sunset date of April 30, 2001.

At that time, many immigrants who were not eligible for adjustment of status because they entered without inspection, got married to citizens of the United States and were able to adjust their status by paying the sum of $1000 as penalty. Those who were not able to get married to U.S. citizens persuaded their brothers and sisters who are U.S. citizens to petition for them. At the time the petitions were filed, the waiting period for adjustment of status for category four of the family-based petition was 10years. These immigrants have been waiting since that time.

I am now happy to announce that the wait is over by virtue of the Department of State’s newly released Visa Bulletin which monitors visa availability to such immigrants. Majority of pre-April 30, 2001 filers through their siblings will have their priority date become current on November 1, 2012. It is important to use the month of October to have your attorney assemble everything needed to obtain your green card and file immediately because the Department of State could adjust the priority date backward if a lot of people file on November 1, 2012.

About 2years ago, the same priority date became current and many people filed. About 4 months later, the Department of State adjusted the priority date backward because of the volume of application received. Late applications were rejected and the people were told to wait another 2years. Only those who filed timely were interviewed and issued employment authorization cards.

It is important to contact Attorney Joseph Famuyide immediately if your brother or sister petitioned for you in 2001. The National Visa Center and the USCIS will not contact you of your eligibility to adjust your status in the United States.

Please note, if you currently reside in the U.S. and you are a beneficiary of one of these petitions filed by your brother or your sister, you have no business processing your application through the National Visa Center. Even though you might have received a letter from the National Visa Center, what you need to do is to take the letter to your attorney for what needs to be done. The process that will lead to your green card is called adjustment of status, but your attorney must contact NVC to return your case to the U.S. Citizenship & Immigration Services for adjustment of status.

It is important to note that the adjustment of status process for a case involving petitions filed in 2001 by your siblings is different from the regular adjustment of status through marriage. You will need to file more forms and pay more money to the U.S. Citizenship and Immigration Services for overstaying your initial entry into the United States under Section 245 (i) of the Immigration and Nationality Act.

If the beneficiary resides abroad, the U.S. citizen petitioner must contact an immigration attorney now to help contact the National Visa Center and take over the processing. The reason is that the National Visa Center has started to send out processing packages mostly through emails but some are being contacted by mail. If you have moved since filing the petition, you might not get the letter. Using an attorney will save you time since the invoices will be sent to him or her for the requisite payments for affidavit of support processing and the immigrant visa.

Please note that if you do not have a lawyer, the process will be a longer one because the invoices will be sent in piecemeal and not all at once. It is important to note that this is the second time priority dates will be current with these petitions. Act now, before the date is adjusted backward again.

If you are a U.S. citizen and you petitioned in the year 2001 for your brother or sister who resides abroad, consult an attorney now. Your case is due for the National Visa Center and Consular processing. Most of these processing are done electronically now; therefore, you will need the services of a qualified immigration attorney to assist you. Please contact the Law Office of Joseph Famuyide at 718-647-6767 or send an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it to begin the process.

This article is for your information only. It cannot be substituted for legal advice or legal representation by a qualified immigration attorney. If you need legal assistance, please feel free to contact Attorney Famuyide immediately.

USI News.

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