Legal Question in Immigration Law in California

Green card by sister

Hi Melina

I was wondering if you could help me with some immigration questions if possible.

I have a friend who is living now in USA illegaly and his sister is now an American citizen. He got here with a student visa and overstayed. He is her only family member alive and she has 2 kids which he would be responsible is something happened to her or her husband. Do you know how long would take to him to get the green card, or to become at least legal in the country? To get a working visa?

Thank You


Asked on 7/07/09, 9:52 pm

2 Answers from Attorneys

Ellaine Loreto Law Offices of Ellaine Loreto

Re: Green card by sister

Hello:

Thank you for your inquiry.

Since your friend overstayed after entering legally, one way he can obtain his green card without having to leave the US is by marrying a US Citizen. If a spouse sponsors him, he may get his green card in about 6 months, and a work permit in about 3 months.

However, if he had an immigrant petition filed for him on or before April 30, 2001 and can prove physical presence in the US on Dec. 21, 2000, then he may qualify to get his green card through his sister, among other means, without having to leave the US. However, this will take longer than sponsorship by a spouse.

To discuss your options further, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Read more
Answered on 7/07/09, 10:25 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: Green card by sister

Dear Inquirer:

A sibling petition is the lowest priority petition in the family-based categories. Depending on your friend's country of birth, it could be 10-50 years before a green card would become available under that category.

I recommend that you visit www.hanlonlawgroup.com or email me at [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Read more
Answered on 7/08/09, 6:12 pm


Related Questions & Answers

More Immigration Law questions and answers in California