Did someone file for you a long time ago and you just never completed the process?

There are three types of people who can do all of their paperwork here in the U.S.: (1) if you entered the country lawfully, you are still "in status" (i.e. you haven't overstayed your visa) and a resident spouse or parent, or citizen spouse, parent (if you are under 21) or child (fover 21) is petitioning for you, (2) you entered the country the country lawfully, overstayed your visa/permission, and you have a citizen spouse, parent (if you are under 21) or child (over 21) to petition for you, or (3) you have an old petition filed on or before April 30, 2001.  If you do not fall into any of those categories, then you most likely have to consular process - i.e. leave the country and apply to reenter from outside the U.S. - but that is for another blog.

I addressed #'s 1 & 2 in my last posts - this one is about #3.  Many people when they first entered the U.S. had family members, usually citizen siblings or parents who were already green card holders, who petitioned for them to remain here.  Due to the fact that those types of petitioners are not considered "immediate relatives" under immigration law, the aliens are assigned "priority dates" according to when their family members petitioned for them, and they have to wait until those dates are current.  Think of it like a huge line where people are waiting for their numbers to be called, or in this case for a visa to become available.  Some people started the process and because it took so long, they simply did not finish.  In some cases, just having those petitions filed - as long as they were filed on or before April 30, 2001 - is enough to be able to apply for a green card here in the U.S.  This type of application falls under Sec. 245(i) of the Immigration and Naturalization Act (INA) and requires an addition $1000 fee (or fine) in addition to the application fees.  Most applicants must also be able to prove that they were physically present in the U.S. on Dec. 21, 2000 - some are exempt from that requirement depending on the priority date of the original petition.  

Another benefit of this provision (besides the fact that you can remain in the U.S. while applying for your green card instead of having to return home), is that you don't necessarily have to use that original petition from on or before April 30, 2001 - in fact most people don't use that petition to get their green card.  As long as you can show that the petition from all those years ago was "properly filed," you can use the date on it to "grandfather" - which means if you have an immediate relative who can petition for you now, or you have another petition from a non-immediate relative where the priority date is now current, assuming you meet all other eligibility requirements, you can file your paperwork here in the U.S.

As usual, there are a myriad of eligibility requirements that need to be analyzed by a professional - so seek out an attorney before filing anything!