QUESTION
Can my sibling who has a green card be able to petition for me?
Asked on Jul 27th, 2011 on Immigration - California
More details to this question:
Hello, my sister is a Green Card holder for at least 10 years but has moved to my home country for over 5 years (and yes she still has her green card although it expired while she was in Greece but she applied for renewal and she got it) with her husband who is a US citizen born and raised. I also have relatives (cousins, aunts, uncles) who are US citizens currently residing in the US. I am an F1 student and i was wondering if its possible for me to get a Green Card or a job permit or anything that allows me to work legally without having to make my boss fill out 50 forms. (i cant apply for the F1 financial difficulty EAD since my parents are rather wealthy). From the research Ive done there is pretty much nothing i can do other than apply for naturalization after 5 years of being in the US and that is not guaranteed. But I thought I should ask a lawyer as well just to make sure I didnt miss anything, so here I am! :) (Also i know that I cant work legally but what happens if I do and not under the table? I have a SSN) Thank you for all your help.
3 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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No, your sister has to be a citizen to petition you. And it will take 8-10 years before you can use it.
Answered on Aug 10th, 2011 at 10:05 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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No, your sibling cannot petition for you unless they are a US citizen, it will take some time for her to qualify if she has spent significant time outside the US, it may be 4 years and 1 day before she can apply for citizenship. After she applies for you it generally takes about 10 years for the visas to be current. You are mistaken about being in the US 5 years to be eligible to file for citizenship. You need to be a US permanent resident for 5 years, to qualify to apply for citizenship.
Answered on Aug 09th, 2011 at 1:59 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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First, the fact that she has a new green card does not mean she is a resident. If she has lived outside the US for 5 years, she may have voluntarily given up her Residency Status (green card). She must be a citizen to petition you and you do not receive any immigration benefit. It will take over 10 years and you will need independent visa status to stay and work here. You can only become a citizen after 5 years of Lawful Permanent Residency (green card status...not just living here). If you work illegally, you subject yourself to Removal from the U.S. You may obtain a visa as a Treaty Trader if you started a trading business with Greece.
Answered on Aug 08th, 2011 at 2:43 PM