QUESTION

Can my Mom apply for my married sister?

Asked on Mar 18th, 2013 on Immigration - Colorado
More details to this question:
I am really confused about my case. Me, my siblings and my mom we all are here in America and we all got our Green Card but me and my Mom came 1st here we been here like 2 years and 2 months and my brothers just got here 3 months ago and now my Mom want to file for my sister as she is married and she has one baby but someone told me that me and my brothers can’t apply for my sister unless we get citizenship. My question is can my mother (Green Card holder for 10 years and she been here like 2 years) apply for my married sister and for her family? Please help me out in this case.
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3 ANSWERS

Adebola O. Asekun
Only US citizens can file for their siblings. In your present status as a green card holder, you cannot file for your siblings. Next, your mother is only a green card holder herself. Under current law, she cannot also file for her married children. She must also wait until she becomes a US citizen before she can file petition for her married children. I write separately to advise you that even when you and or your mother becomes US citizens, those options are not viable. Assuming you are a green card holder, filing for your siblings [under Family 4th Preference takes at least 12 years for your siblings to come to the US. Next, when your mother becomes US citizen and files for her married daughter, Family 3rd Preference, your married sister will not come to the US for at least 11 years. There are options under immigration law through which, your remaining family members can legally come to the US in a much faster period. But you'd need to consult with an experienced immigration lawyer to help you.
Answered on Mar 21st, 2013 at 5:39 AM

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Your mother can petition for her married son/daughter only after she is a US citizen; she can petition for any unmarried son/daughter even if she is a green card holder.
Answered on Mar 19th, 2013 at 2:37 PM

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If your mother only has LPR status, she cannot petition for a married daughter. Your mother would need to become a US citizen before she can petition for a married daughter.
Answered on Mar 18th, 2013 at 10:42 PM

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