Killarney, FL Immigration Law Firms & Lawyers

There are many factors to consider when determining whether to file a new petition.  For the EB-2 category, in addition to you having either an advanced degree or a bachelor's degree plus 5 years of experience, the position must also require an advanced degree as a minimum qualification for the position.   For September 2011, the priority dates for all countries are current in the EB-2 category, except for India and China.  The cut-off date for India and China is April 15, 2007.  Assuming that your I-140 has been approved, you would be able to retain your EB-3 priority date of September 2008.  If your home country is India or China, your priority date would not be current yet. You have raised some very good questions and I urge you to contact an experienced immigration attorney to review your options.   Best wishes, Mark

This is not as fast as it seems.  Your petition for her is subject to very limited visa quotas.  However, first you must petition her with the USCIS before the National Visa Center can preserve the petition for future use based upon the State Department's Visa Bulletin.  It is possible that your niece will be 21 years old before the visa can be processed.  If so, her daughter will need a separate petition from her mom.   Although you can start with the I-130, there will be other applications that will eventually need to be filled out.  If you have any further questions, I strongly recommend a consultation.