QUESTION
Can I sponsor my mother and sister to live in the US?
Asked on May 28th, 2012 on Immigration - Colorado
More details to this question:
My mother and my sister, she is 12 years old come to USA as a tourist, since I am a US citizen can I sponsor them to live here?
10 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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You can also petition your mother and sister but it will take years.
Answered on Jun 11th, 2012 at 3:58 PM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
You can sponsor them. Your mother is immediately eligible but your sister goes on a wait list.
Answered on Jun 11th, 2012 at 2:21 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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Yes you can. You would have to file two separate petitions; one for your mother and one for your sister. Your mother will receive her green card within one year, if all is good. However, your sister would have to wait for a long time.
Answered on Jun 07th, 2012 at 8:59 PM
Thomas J. Rosser
Assuming you are a US citizen who is 21 years old or older, yes, you are entitled to petition for your mother and 12-year old sister. The fundamental problem, however, is the timing of an available immigrant visa slot for your sister under the current Regulations. While your mother is considered an "Immediate Relative" under the existing Regulations and, therefore, not subject to the immigrant visa preference/quota system and could be admitted relatively quickly, your sister falls into classification F-4 (Brothers and Sisters of Adult US Citizens) for family-based sponsorship. Depending upon what her nationality is, she would currently have at least an eleven-year wait for immigrant visa availability as per the June 2012 USDOS Visa Bulletin once a priority date has been established for her through the filing of an I-130 Petition for Alien Relative (assuming there are no substantive changes authorized by the US Congress in the immediate future regarding an expansion of the number of available family-sponsored preference visa slots in the various categories).
Answered on Jun 07th, 2012 at 8:35 PM
Generally, a U.S. Citizen who is at least age 21 may sponsor a parent to adjust status to become a Lawful Permanent Resident (to get a "Green Card") if the parent entered the U.S. lawfully and with inspection, even if she may have overstayed her visa. Becoming a Permanent Resident for 5 years (3 years in the case of some people married to U.S. citizens) is a prerequisite for applying to become a naturalized citizen. The analysis is different for a sibling. Generally a U.S. Citizen may apply for a sibling who entered the U.S. lawfully and with inspection in the Family-Based Fourth Preference Category. The waiting list for a visa in this category is very long - by some estimates it may be 15 years or even longer - and so this rarely is a worthwhile immigration strategy and other alternatives need to be explored. Note also that if the sibling is out of status, she will need to go outside the U.S. for consular processing (instead of "adjustment of status" inside the U.S.), and if as an adult the sibling has been unlawfully present for more than a year she may become subject to a very harsh 10-year bar to re-entering the U.S. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Jun 07th, 2012 at 5:04 PM
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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Yes, you may petition for your parent and siblings.
Answered on Jun 07th, 2012 at 3:49 PM
You can petition for your mother and that will take about 4-6 months if she is already in the US. However, your sister cannot be included in that petition. You can petition for her separately but that process will take about 10-12 years for your sister. In the alternative, once your mother becomes a permanent resident, she can petition for your sister (her daughter) and that process will take about 3 years.
Answered on Jun 07th, 2012 at 1:42 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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You can petition for both but since the waiting time is fairly long for your sister and she cannot legally stay here while waiting, she will be out of status soon. Your mother will be fine since there is no quota and the processing time will be quick. Your mother cannot include your sister in her case.
Answered on Jun 07th, 2012 at 1:40 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. Your mother will be able to apply for adjustment of status (residency) immediately. You can petition for your sister on Form I-130, but she must wait many years before her priority date becomes current. However, she cannot apply for adjustment of status because she will be out of status by that time.
Answered on Jun 07th, 2012 at 1:09 AM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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If you are over 21, you can file a visa petition for your mother and she may be able to bring your minor sister with her if the petition is approved, but they must otherwise qualify for immigrant visas. You should retain an immigration attorney.
Answered on Jun 07th, 2012 at 12:57 AM