Questions for petitioning mother and underage sister

[inver]

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I am a first time poster, but have been reading this board up and down for the last couple days. So thanks to all the people who contribute!

I will soon be in the process of applying for Citizenship. My main concern is my mother and sister (currently 16) who have been here in the US since 1995. They overstayed their I-94 and are currently out of status. I spoke recently to an attorney who stated that I could petition for my mother as she would be a First preference. My sister on the other hand would not receive any immediate benefit (she would fall in the Fourth preference) and he recommended that she leave the country and do consular processing of her GC.

My questions are?

1 - How true is this? I am aware that if my sister leaves she will have a 10 year ban (minimum). Is there no way that she can be covered or included in my Mom's application, afterall she is a minor? I have searched the board for similar scenarios, but have not been able to get a clear picture.

2 - My I-551 date is 07/14/2004. I am currently removing conditions on my permanent residence (through marriage, submitted I751 on 07/14/2006 to the Vermont center). What would be the soonest date I could apply for citizenship?

Thank you so very much for your attention,

 

[bb_5555]

unfortunately I think the good lawyer is correct

this question has been raised before about underage sibs and the answer is a very unfortunate one as well. your sister is simply not considered an immediate relative.

now she theoretically could stay and wait for your mom to become citizen. because immediate relatives of US citizens have the right to stay. Your lawyer does not advise you do this because it is risky. anyway the lawyer can only advise. if she wants to stay that would be on her.

on your other question you can apply for citizenship as soon as the third anniversary arrives and that date would be 7/14/07. (This is of course assuming that you did not take any lengthy trips outside the country) This is quite common and it not at all unusual to go in for your citizenship appointment and the I-751 had not been approved yet. So what they have to do is to first approve the I-751 and then reschedule the citizenship interview.