QUESTION
How can my sister get her immigration status cleared?
Asked on Sep 28th, 2011 on Immigration - New York
More details to this question:
My sister overstayed in the states when she was 14 years old, now she is 30. How can she once and for all have her status cleared so she won't keep having these problem? I am a US citizen, is there anything I could do to help her with this issue?
8 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Not sure what she is applying for? has she been in the US all these years?
Answered on Jul 08th, 2013 at 11:35 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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To answer this question more details are required. Is your sister living in the U.S.? Is she a beneficiary of a family petition?
Answered on Jul 08th, 2013 at 11:35 PM
Is she married to a US citizen?
Answered on Jun 19th, 2013 at 9:06 PM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
If she marries a U.S. citizen or has a U.S. citizen child over 21 years old, she can regularize. Otherwise she has to wait for a change in the law.
Answered on Oct 03rd, 2011 at 11:34 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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No, she will need to be petitioned as an immediate relative to avoid her leaving the US, unless she is grandfathered for section 245(i).
Answered on Oct 03rd, 2011 at 10:55 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You are allowed to file an I-130 petition for your sister. Unless she is eligible under 245i, then she can't file for the actual green card in the US. She would need to consular process, which would trigger a ten year bar to entry. You really need to have a full consult with a competent immigration attorney to determine if the U visa, or any other visa can apply to her and also to determine if an I-130 filing is a good idea for her.
Answered on Sep 29th, 2011 at 1:44 PM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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I would have to interview her and members of her family to determine what has to be legally done for her case.
Answered on Sep 29th, 2011 at 10:25 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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A person cannot "clear" their immigration status. She may change status but it sounds like from the facts you gave this is only possible through marriage to a US citizen.
Answered on Sep 29th, 2011 at 7:36 AM