Legal Question in Immigration Law in New Jersey

Sponsoring Siblings

I am here in states on an L1 visa and my spouse is on a L2 visa. I wanted to know if my brother who will be a citizen shortly can sponsor me (and in turn my spouse) for GC / citizenship here and if yes, what is the typical process and waiting period for the same.


Asked on 4/21/09, 11:44 pm

4 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: Sponsoring Siblings

I am not clear as to which one of the L-1 visas that you have, do you have L-1A or L-1B?

L-2 are always given to the spouses or children of both types of L-1 recipients.

Antoinette M. Wooten, Esq.

Belleveille, NJ

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Answered on 4/24/09, 3:25 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Sponsoring Siblings

Your brother would be able to sponsor you and your spouse for your green cards once he becomes a citizen, but the wait time can be anywhere from 10-20 years depending on what country you are from. Moreover, you would not be able to remain in the US while waiting for green card unless you are in valid status (an L-1 is only valid for 5 or 7 years depending on whether your are on an L-1B or L-1A).

Another option, which would be significantly faster, would be for your employer to sponsor you for green card. Your wife would also qualify as a derivative.

You should contact an immigration attorney to discuss all of your options in detail.

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Answered on 4/22/09, 8:35 am
Anthony Siliato Meyner and Landis LLP

Re: Sponsoring Siblings

There is an extreme backlog in available visa numbers for siblings of US citizens (more than 10 years). I would recommend that you consider an employment-sponsored green card on your behalf. If you are a multi-national manager or executive, your employer would not have to test the US labor market for your position (therby bypassing the PERM process).

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

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Answered on 4/22/09, 3:50 pm
Lisa Brenman Brenman Immigration Law Firm, PLLC

Re: Sponsoring Siblings

After your brother obtains US citizenship, he can sponsor you and any other siblings. As you may know, the waiting period in this category (Family 4th) is about ten years depending upon your country of nationality. Your brother filing for you would not give you permission to be in the US while the Petition was pending unless you had a visa status that allowed you to be in the country. Feel free to contact my office if you wish to have an initial consultation over the phone.

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Answered on 4/21/09, 11:58 pm


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