Can I help my sister in law obtain her green card by sponsoring her? 7 Answers as of January 26, 2011

My sister in law is from Samoa on a 1-94. Would I be able to sponsor her for a green card to give her permanent resident alien status?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Sister-in-law is not a preference category recognized for direct permanent residency sponsorship. I would be happy to consult with you on options for your sister-in-law. Contact me as indicated below to schedule a consultation.
Answer Applies to: California
Replied: 1/26/2011
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
You cannot sponsor your sister in law, but you can sponsor your brother. However, this category of sponsorship has about an 8 to 10 year waiting list for an available visa. When your brother's turn in line comes your sister in law will be eligible to tag along with him and get her green so long as they are still married. If they are in the US in legal status at the time your brother priorities date becomes current they would be eligible for adjustment of status and can be processed for their green card here. If not they will have to be processed for their green cards abroad through a process known as Consular Processing. If they have been "unlawfully present" in the US, meaning that either of them have overstayed their period of authorized stay (on their I-94) by more than 180 days, then they may be subject to a three year bar, which would require them to remain outside the US for three years before returning to the US. If either of them have been "unlawfully present" for more than 365 days, then the bar is 10 years and either of them may be required to stay out of the US for that period of time. If he is barred, then she would not be able to get her green card until he qualifies, because she is tagging along on his case. It is always wise to consult a qualified immigration attorney in person to discuss other issues that might affect their case such as past immigration violations, criminal violations, health and support issues as there are many things that could impact your brother and sister in laws ability to ultimately secure a green card here in the US.
Answer Applies to: Massachusetts
Replied: 1/19/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Not really. What is the immigration status of her husband.
Answer Applies to: Florida
Replied: 1/18/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
No. US Citizens can only sponsor their own sisters and even then there is a lengthy wait. Your sister in law should consult with an attorney to see if there are other options, such as employment, available.
Answer Applies to: Virginia
Replied: 1/18/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, but your husband could if he's at least a green card holder.
Answer Applies to: Virginia
Replied: 1/18/2011
Click to View More Answers: