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Hello Everyone, thanks for your help in advance!
Slight variation on an earlier post.
I came into the US in August 1986 on a student Visa and under the legal guardianship of my aunt and uncle, with my aunt being a US citizen. In August 1988, my aunt (my dad's sister) filed for an immigrant petition for my Dad and my mom, sister and I were included on the petition.
In January of 1989 my aunt and uncle filed to adopt my sister and I from my parents and the court order was finalized in July of 1989, after my 16nth birthday and therefore no immigration benefits resulted. I continued on my student visa and after my Graduate degree in Computer Science, moved to an H-1. After being on an H-1B for about six years, when I lost my job in 2002 some lawyers advised me given that my whole family were US residents, there was no way I would get a new H-1B rentry visa if I left the country for a year. Based on their input and having a Social Security card without any restrictions from 1986 and a Drivers license, they suggested I could work till I got my status adjusted through my parents or through marriage.
Here is the million dollar question, should I pursue my Green Card through my wife or through my biological parents based on my aunt's petition for them in August 1988 which I aged out since the visa was not available till around December 2001.
As of Decemer 18, 2010, I just got married and my wife is an US citizen. However, I recently saw the Child Status Protection Act (CSPA) allows for adjustment of status for children who aged out waiting for visa's to be available for their parent's petition.
Which one do you think is better. I like CSPA because it looks like it can give me a Green Card immediately without the 90 day wait for a EAD/Work Authorization Document, and an interview in six months before obtaining a conditional green card but I like to hear the pros and cons given the complications of my case.
Slight variation on an earlier post.
I came into the US in August 1986 on a student Visa and under the legal guardianship of my aunt and uncle, with my aunt being a US citizen. In August 1988, my aunt (my dad's sister) filed for an immigrant petition for my Dad and my mom, sister and I were included on the petition.
In January of 1989 my aunt and uncle filed to adopt my sister and I from my parents and the court order was finalized in July of 1989, after my 16nth birthday and therefore no immigration benefits resulted. I continued on my student visa and after my Graduate degree in Computer Science, moved to an H-1. After being on an H-1B for about six years, when I lost my job in 2002 some lawyers advised me given that my whole family were US residents, there was no way I would get a new H-1B rentry visa if I left the country for a year. Based on their input and having a Social Security card without any restrictions from 1986 and a Drivers license, they suggested I could work till I got my status adjusted through my parents or through marriage.
Here is the million dollar question, should I pursue my Green Card through my wife or through my biological parents based on my aunt's petition for them in August 1988 which I aged out since the visa was not available till around December 2001.
As of Decemer 18, 2010, I just got married and my wife is an US citizen. However, I recently saw the Child Status Protection Act (CSPA) allows for adjustment of status for children who aged out waiting for visa's to be available for their parent's petition.
Which one do you think is better. I like CSPA because it looks like it can give me a Green Card immediately without the 90 day wait for a EAD/Work Authorization Document, and an interview in six months before obtaining a conditional green card but I like to hear the pros and cons given the complications of my case.
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