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As a USC, can I petition my mother and her minor child (my sister) at the same time?

Immigration 3 views 3 answers
I am over 21 and just became a naturalized U.S citizen; I want to file the I-130 and I-485 for my mother who came legally to the country but overstayed her tourist visa. She came with her 12 year old daughter, my sister- and I would like to know if I could do the same for my little sister (petition her) ...or if my sister would have to leave the country for ten year and then be processed overseas. I believe that my mother would not be penalized for having remained illegally for over three years, right? Thank you.

Attorney Answers

3
Carlos Sandoval ·
You can petition for both your mother and your sister. Your mother is considered an immediate relative of a citizen and can do a adjustment of status inside the United States, and there is not penalty for overstaying for three years as long as she does not leave the country prior to the issuance of her green card. Your little sister's situation is different. You can file a petition for her but there's not going to be a visa available immediately as she will be on the fourth preference. Your mother can file a petition for your sister and probably that way it will be quicker. Since your sister is under the age of 18 there wont be bar of inadmissibility for the time she has been illegally in the United States. Consult with an experienced immigration lawyer to evaluate your case.
0 upvotes
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
Yes you can. The mother will come in a year or you can seek the route you outline for her. The sibling will have to return to the home country and wait for about 14 years after you file before she will be able to immigrate through you. The mother can petition for her when she becomes an LPR in about 6 months if you seek AOS from inside the USA and then will be able to petition for the child. Takes about two years until the child will be able to immigrate. Talk to an immigration lawyer.
0 upvotes
Martins I. ImudiaImmigration AttorneyTampa, FL ·
You may file for your mother and your sibling. Seek the help of an attorney if you have any doubt any doubt about the process. Good luck.
0 upvotes

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