Son sponsores mom ..what about the sister?

[polishkiss]

My brother is American citizen. At the end of the May 2007 , he will be 21 years old. First thing I wanted to know wHAT IS THE PROCESS FOR HER TO GO THROUGH TO GET A GREEN CARD? Other thing is me, I will be 18 by the time he starts sponsoring her. Will I be able to get a green card as well or do I have to wait for her after she gets her green card to sponsor me ? Please let me know. Thank you.

 

[Anahit]

My brother is American citizen. At the end of the May 2007 , he will be 21 years old. First thing I wanted to know wHAT IS THE PROCESS FOR HER TO GO THROUGH TO GET A GREEN CARD? Other thing is me, I will be 18 by the time he starts sponsoring her. Will I be able to get a green card as well or do I have to wait for her after she gets her green card to sponsor me ? Please let me know. Thank you.

Are you and your mom in US?

 

[LucyMO]

you will not be able to get a GC at the same time as you mom as her derivative. Sorry. Your brother can apply for you separately (takes 10-12 years), and/or your mom can apply for you when she becomes a GC holder.

 

[spungebob]

you will not be able to get a GC at the same time as you mom as her derivative.

could you please explain why?
is it because she'll be over 18? how does it work though?
thanks.

 

[Anahit]

could you please explain why?
is it because she'll be over 18? how does it work though?
thanks.

No, the age doesn't matter. In parents' cases there are no derivatives. A US citizen over 21 can apply only for his/her parent, not including brothers/sisters in the same application. Brothers/sisters could be petitioned separately. And, if they are in US, they should maintain their own legal status: a filed petition alone doesn't give them a legal status.

 

[spungebob]

oh, i see now... thanks anahit.
so, the only way here is petition through F4 category and 10-12 years of waiting...
or! mom's petition through F2a category and 4-5 years...
am i right?

 

[ksengupta]

oh, i see now... thanks anahit.
so, the only way here is petition through F4 category and 10-12 years of waiting...
or! mom's petition through F2a category and 4-5 years...
am i right?

Mother's petition from a U.S. citizen falls under immediate relative category - there is no wait for this apart from the entire processing time which is probably about a year or so.

 

[Anahit]

oh, i see now... thanks anahit.
so, the only way here is petition through F4 category and 10-12 years of waiting...
or! mom's petition through F2a category and 4-5 years...
am i right?

That's correct.

 

[polishkiss]

Yes we are all in US. THank you for your reply. During the wait time when my mom will start sponsoring me when she will get her gc ,will i be able to appy for social security number and work permit ??

 

[spungebob]

Yes we are all in US. THank you for your reply. During the wait time when my mom will start sponsoring me when she will get her gc ,will i be able to appy for social security number and work permit ??

i don't think so.

 

[LucyMO]

Yes we are all in US. THank you for your reply. During the wait time when my mom will start sponsoring me when she will get her gc ,will i be able to appy for social security number and work permit ??

no. You cannot even stay in the States while your petition is pending if you cannot maintain your own independent non-immigrant status like F-1, J-1.

Are you in a legal status right now?

You are young, perhaps, you could go to college here on F-1 visa. THe catch is that it will be nearly impossible for you to get F-1/J-1 visa or change status once your mom gets a GC or one of them applies for your GC. That's because you won't be able to prove non-immigrant intent. So, try to get into a college and get an F-1 visa before your mom gets her GC and definitely before one of them petitions for your GC.

P.S. How did your brother get his US citizenship? Was her born here? what about you? is your father a US citizen?