QUESTION
If my sister applies for my green card while I work, will this speed up the process?
Asked on Jan 12th, 2011 on Immigration - Florida
More details to this question:
I am on J1 visa. If I apply for green card (employment based). What will be the time taken to get my green card? My sister is a US citizen (homemaker, who does not pay income tax). Is it possible for her to apply for my green card when I am working in the US? What will be the time taken in this case? Which one is best suited to my case?
2 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
There is no reason why you can't apply under both categories. The application by your sister is likely to be much slower than the employment-based; but it depends on which employment category you qualify for. There is also the issue of whether your current J-1 subjects you to the two-year foreign residency requirement (or a waiver of this requirement) before you can become a permanent resident or change to certain other nonimmigrant statuses.
We would be happy to consult with you on the specifics of your case. I do charge for consultations $350 per hour - but whatever you pay for the consultation would then be a credit toward the fees for your case.
Answered on Jan 18th, 2011 at 12:13 PM
Your sister can petition for you, but this petition will take over ten years.
Answered on Jan 17th, 2011 at 7:58 AM