Citizen on sibling's behalf...

J

Jairinho1121

Registered Users (C)
Hello all,

My sister has been a US citizen for the past 2-3 years or so. She wanted to help our older sister become a LPR. Our older sister has been in this country since 1992 and has never during this period left the country. She entered the country under a tourist visa and never went back. Our older sister is now married and has 3 kids which were all born in the USA, therefore, obviously, they're citizens. Her husband and her are still under illegal status. Can my sister apply for my older sister? If so, how so? If not, why not? Thanks for all your help in advance...
 
Jairinho1121 said:
Can my sister apply for my older sister? If so, how so? If not, why not?
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She can certainly petition for her, but since your sister is out of status she cannot adjust status within the US. Since she is subject to the 10-year re-entry bar she cannot get an immigrant visa abroad.
 
What triple citizen means that in order for her to be granted a greencard, your sister wont be able to AOS within the US. Instead, once a visa number becomes ready for her, she will need to have a interview at an American embassy in her own country. The problem is, due to the length of her overstay, as soon as she leaves the country, she will be subject to an automatic 10 year ban from re-entering the US.
 
In what cases can a citizen petition on behalf of another and they do not have to leave and wait in their country? The reason I ask is because I've known a number of people that petitioned for their parents (as well as parents petitioning for their over 21 children) which were granted GC and never had to return to their country to wait for approval there and interview there... what's the difference?
 
Jairinho1121 said:
In what cases can a citizen petition on behalf of another and they do not have to leave and wait in their country? The reason I ask is because I've known a number of people that petitioned for their parents (as well as parents petitioning for their over 21 children) which were granted GC and never had to return to their country to wait for approval there and interview there... what's the difference?
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The difference is that parents (and spouses) of citizens are Immediate Relatives, who can adjust status even if out of status without penalty. The Over 21 children either remained in status or were 245i beneficiaries, which your sister does not qualify for.
 
Sponsoring my sister

Hi, My sister is currently on a F1 visa. I am a citizen and want to file GC for her. She is married. Can I file for her GC, if yes approx how long does it take for her GC, and approx how long for her EAD?
 
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