QUESTION
If you are living in the USA out of status, can your brother or sister file for you?
Asked on May 03rd, 2013 on Immigration - California
6 ANSWERS
Adebola O. Asekun
Regardless of where you live, your US citizen brother or sister can file an I-130 petition for you. But I must warn you filing such petition takes an awfully long time to be approved and become current [currently about 12 years]. Next, filing such petition does not give you status during that period. Finally, when the petition eventually becomes current, you may need to file a waiver I-601 to cure your unlawful presence
Answered on May 07th, 2013 at 5:18 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. A lot will depend on whether or not your siblings are U.S. citizens. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on May 07th, 2013 at 5:17 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
They can file an I-130 to give you a place in line but you won't be able to adjust status in the U.S. unless you are 245(i) eligible through a petition filed before April 30, 2001. Once overseas you trigger a 10 year penalty so you would then need a qualifying relative and to be able to show extreme hardship.
Answered on May 07th, 2013 at 3:20 PM
They can file, but you won't be able to adjust status.
Answered on May 07th, 2013 at 2:37 PM
There is at least a 10-year wait and you cannot adjust status here. The law may also change to eliminate brothers and sisters filings. You are also subject to the 10 -year bar. Maybe if the new law passes, it may help you.
Answered on May 07th, 2013 at 2:36 PM
If you are out of status already, you will not be eligible to adjust status within the US under the current immigration laws, if petitioned by a sibling. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on May 06th, 2013 at 11:37 PM