QUESTION

If your under daca, and your brother is a citizen, do you have to leave the country to be able to obtain the green card, if you weren’t brought over?

Asked on Jun 18th, 2020 on Immigration - New York
More details to this question:
I have daca, and have a younger brother who’s a citizen turning 21. And I’m currently working in fdny ems under daca. I was not bought over illegally at age 3, not through a port of entry.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
You probably need another plan since a sibling petition takes approximately 12 years to turn into a green card. There are probably other quicker ways to immigrate, e.g. marriage, employment sponsorship. In addition, persons here in the country who are being sponsored as siblings under the F4 category must ultimately leave the US for consular processing to obtain permanent residence if they are not legal. DACA is not considered a legal nonimmigrant status. The difficulty is that you would be under a 10 year bar for having stayed in the US unlawfully for one year or more if you left the country. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 17th, 2020 at 7:33 PM

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