QUESTION

Can a sister in law file papers for West African resident?

Asked on Aug 05th, 2012 on Immigration - Texas
More details to this question:
I am a United States citizen, but i am married to a legal resident, my husband and I are rewing our vows and we wish the presence of his brother, who still lives in West Africa. Can I as the sister in law file for him?
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7 ANSWERS

NO, you cannot. Neither can your husband, even if he were a US citizen bring his brother to the US right away. The wait for that would be about 10-12 years. He can try to get a visitor's visa, however, as long as he can prove that he has significant ties to his home country and will return there after the brief visit to the US.
Answered on Aug 30th, 2012 at 9:35 AM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Hello: He can try to file for a B-2 Visitor Visa. *B2 Visitor Visa Application* A Visitor Visa will have to be obtained. My firm prepares the application and then sends it directly to the applicant who will then take it to the U.S. Consulate or Embassy for a decision. If done correctly, the issuance of this visa could take less than one month after it is completed.
Answered on Aug 27th, 2012 at 3:51 PM

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Rebecca T White
He can apply for a visitor visa at the US consulate, and you can write him a letter of invitation, but there is nothing you can file on his behalf.
Answered on Aug 21st, 2012 at 4:19 PM

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If by "filing papers" you mean petitioning the U.S. Government for an immigrant visa that would give your brother-in-law ability to come to the U.S. and become a permanent resident, then the answer is No, you cannot file such papers. If your husband becomes a U.S. citizen, he would be able to petition for his brother's immigrant visa; but the process will take many years. On the other hand, if you only want your brother-in-law to come for the ceremony, you can write a letter to the U.S. Consul in his country, and that should help him get a visitor's visa.
Answered on Aug 21st, 2012 at 4:18 PM

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If you are speaking of him applying for an tourist visa so he can come for a short visit, your brother-in-law does not need a sponsor. He needs to apply for the tourist visa at the US consulate with jurisdiction over his residence and overcome the presumption that he plans to immigrate to the US by documenting his ties to his home country. Feel free to contact me or another immigration attorney of your choice to schedule a consultation so all relevant facts can be analyzed and competent advice given.
Answered on Aug 21st, 2012 at 4:18 PM

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Either you or your husband can invite and sponsor for him to come to the US. He needs to apply for a visitor visa at the US consulate.
Answered on Aug 21st, 2012 at 4:17 PM

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Your husband, you is a resident, can file a family based petition for his brother but not you. You should consult with an immigration lawyer for further legal guidance.
Answered on Aug 21st, 2012 at 4:17 PM

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