Banning, CA Immigration Law Firms & Lawyers

Generally speaking, to be eligible for adjustment of status an applicant must have entered the United States with inspection and remained in valid status at the time he/she files the application. Hence, the expiration of your visa may have no bearing on your eligibility. You should consult with an immigration attorney before filing any applications with USCIS.

When petitioning for a sister or any sibling, you only need to submit 1 petition and 1 filing fee for the entire family, which includes her spouse and any child(ren) under the age of 21. However, when the priority date for the case becomes current and the family is eligible to apply for their immigrant visas, each individual will need to pay a separate filing fee for their own visa applications.

The facts are confusing because if you had had a successful interview in September 2009 you should have been sworn in within 30-45 days thereafter. Perhaps you passed the history and government tests but could not adjudicate because of your separation and need to talk to a supervisor before adjudication. You are only eligible to file under the three year rule if you are married and "living with" a U.S. citizen. If you were separated at the time of your interview, then you would not be eligible for approval and will need to re-file now that five years has transpired.