QUESTION
Can my uncle sponsor my mom and can I be simultaneously be sponsored as her son?
Asked on Jun 12th, 2012 on Immigration - Texas
More details to this question:
I'm a masters student on F1 visa. My uncle (Mom's brother) is a US Citizen. Can he sponsor me (through my Mom) ? Meaning he would sponsor my mom and can I simultaneously be sponsored as her son? If yes, how long would it take?
6 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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The advanced degree H-1B would be much better. *H-1B Specialty Occupation Visa* You qualify for what is known as the H-1B Specialty Occupation Visa. You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to your degree. Our firm can do the entire petition. Once we begin processing and get it filed, it normally takes about six to nine months to get the approval. Please note that H-1B's are very limited and are only available for small periods of time during the year. Therefore, Premium Processing discussed next should be used. If you want a work permit in an expedited manner, you can take advantage of the Premium Processing program at USCIS. This will allow you to have the expedited answer in less than one month. You will need to add $1,500.00 to the cost below for Premium Processing. There are only a limited number of H-1B's and it must be filed by April 1. However, it is still possible it will not get selected for this years allotment.
Answered on Jun 21st, 2012 at 10:14 PM
Not really because it will take about 10-12 years for your mom to be eligible for an immigrant visa if her brother petitions for her (those are the processing times for the sibling of US citizen petition) and you can only immigrate with her if you are still under 21 at that time, which is not likely.
Answered on Jun 21st, 2012 at 4:40 PM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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When you say sponsor it means financial sponsor. If your question on whether your uncle can petition for your mom and you at the same time, the answer is no. Your uncle would have to petition for your mother and once your mother has her green card, she can then petition for you. Ironically enough, if your uncle is a green card holder, you will receive your green card when your mother does!
Answered on Jun 21st, 2012 at 4:39 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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That will depend on your age. If you are under 21 under CSPA by the time your mother's priority date is current, you can be included in the application. Since this type of immigration will take more than 12 years, it is unlikely that you would be still under 21 given the fact you are an F1 student now.
Answered on Jun 21st, 2012 at 10:30 AM
A U.S. Citizen may sponsor a sibling in the Family-Based Fourth Preference Category, but there is a long backlog for visas in that category - may estimate it will take 15 years or more for a visa to become available for a newly filed case. The beneficiary of such an application would not be eligible to remain in the U.S. while the case is pending, awaiting availability of a visa. As you can see, this rarely is a satisfactory immigration strategy and it often is worthwhile to explore other possibilities, such as employment-based visas.
Answered on Jun 20th, 2012 at 8:12 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You can be included as a derivative beneficiary under your mom's petition if you are unmarried and are under 21 years of age when the petition is submitted.
Answered on Jun 20th, 2012 at 5:59 PM