QUESTION
If I am a US citizen, is there any way for me to petition my sister who lives in the US but is not a citizen?
Asked on Apr 14th, 2013 on Immigration - Texas
6 ANSWERS
You can petition for her but first of all, it will take about 12 years before she would qualify for a visa. Secondly, if she is in the US unlawfully, under the current immigration laws, she will not be eligible for adjustment of status to permanent residence even when the visa number becomes available in 12 years because of her unlawful presence in the US now. If she goes to her home country to get a visa, she will be barred from reentry for 10 years because of the unlawful presence in the US. The only way for her to qualify for adjustment of status to permanent residence within the US if she entered the US lawfully but has since overstayed is through a bona fide marriage to a US citizen.
Answered on Apr 16th, 2013 at 7:59 PM
Real Estate Attorney serving Frisco, CO
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You can file the visa petition for her, but it will be many years before she can apply for legal status.
Answered on Apr 15th, 2013 at 2:06 PM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
You should file for your sister. US citizens can file a petition for siblings. It is a very long process of about a decade. However, this sibling category may be eliminated if legal changes occur. The most you lose is money, and the benefit could be great.
Answered on Apr 15th, 2013 at 2:06 PM
I130 can be filed but it will take at least 10 years. She will also need a waiver, not sure if right now she qualifies for it.
Answered on Apr 15th, 2013 at 2:05 PM
Bruce A. Coane
Brother to sister petitions can take 10-20 years for the person to immigrate due to the quota.
Answered on Apr 15th, 2013 at 2:05 PM
If your sister overstayed her visa, she will not be able to adjust status here and is most likely subject to the 10 year bar.
Answered on Apr 15th, 2013 at 2:05 PM