Can I petition for mom to get a green card? 3 Answers as of June 28, 2011

I’m now 21 and I want to petition for my mom to get a green card. I would want to also petition for my sister who is 23 years old. Would it be faster if I try to get her the green card or if I get my mom gets her green card then she gets it for my sister? My sister has lived in the US since she was one year old. My mother has been living here for over 20 years and she has a clean record.

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Before you file anything for either of your family members, you will want to schedule a full consult with myself or another competent immigration attorney. If your mother or sister entered the US without status, that can have serious impact on HOW they can get their green card. They may not be eligible to apply inside the US. However, if not in the US, then your mother and sister will trigger a ten year bar when they leave the US to attend an interview. Please make an appointment!
Answer Applies to: California
Replied: 6/28/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Yes you can petition for your mom on the provision she was admitted and inspected when she entered the U.S. or is 245(i) eligible.
Answer Applies to: Florida
Replied: 6/27/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
You did not say the country of birth for your mom and for your sister. The answer depends largely on this issue. The processing time for your mom is about 4 months for an adjustment (assuming she is eligible to process the paper from within the US). Your mother needs an entry with inspection (usually demonstrated by a Visa and passport, border crossing card or proof of Canadian citizenship). If your mother entered without inspection, she needs the protection of section 245i. (Someone such as another family member or an employer filed for a green card for her on / before April 30, 2001) For your sister, this is more tricky. If you file for your sister, the wait will between 11 years (for most countries, including China and India) up to 23 years for Filipinos. Mexican take about 15 years. Your sister need to either be legal from time of her initial arrival in the US until the time her visa is available or she needs 245i. If you do not file for your sister, and wait for your mother to file for your sister, the time frame is as follow: 8 years for most countries, including India and China. 19 years for Mexican. 11 years for Filipinos. Please note that the time frame is subject to changed. Also note that your sister have to remain single (can not get married) during this waiting time. Also need legal status at all time or 245i. Good luck.
Answer Applies to: California
Replied: 6/27/2011
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