Legal Question in Immigration Law in New York

Re: Petitioning for daughter

If you petition for her first, this might cause some confusion when it comes to her husband taking over.

If your daughter married a US citizen it will be much easier for her to get her green card.

If you petition for her it will take much longer to process.

Patricia Martin-Gibbons

Re: Petitioning for daughter

If your daughter marries, then your petition "dies," (i.e., it is no longer valid), and you would have to wait until you become a citizen to be able to petition for her. If she marries a US citizen, then depending on her immigration and criminal history, he would be able to sponsor her for her green card, but he would have to start the process from the beginning.

Your daughter should speak with an immigration attorney to determine the best options for her.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

Re: Petitioning for daughter

Her future husband would have to file a separate petition on your daughter's behalf after their marriage. Your petition may remain pending without any effect on the husband's petition. While there are immigrant visas immediately available based on the marriage petition, your daughter would have to wait years to obtain her green card based on your petition.

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