Can I sponsor an immigrant from Cambodia? 3 Answers as of May 19, 2011

My husband's brother will die of AIDS in Cambodia soon. He is a US citizen as are his young daughters. His wife is a Cambodian citizen who has only visited the US once. Can we sponsor our sister-in-law to immigrate to the US once my Brother-in-law passes away? Does her daughters (7, 5 and 3) having US passports make it easier? Thank you!

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
No. No and No. If the children were 21 or over, then they could have, but here they are not and therefore cannot. Her husband needs to file an I-130 petition yesterday. When approved, it will be sent to the National Visa Center for processing and you will have to wait until that visa becomes available in order to file for his/her immigrant visa. The NVC will let you know when that time is or you can check it on the visa bulletin on the web: http://travel.state.gov/visa/bulletin/bulletin_1360.html. Even if the husband passes on, she will most likely be able to process that application for passage to the US. Good luck!
Answer Applies to: California
Replied: 5/19/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
I feel you should schedule a consult with a competent immigration attorney now to analyze all options. Why doesn't her husband sponsor her now? Otherwise there may be other options such as humanitarian parole but this needs to be fully analyzed.
Answer Applies to: California
Replied: 5/18/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Your husband's brother must immediately file petitions for his wife. This could protect her and allow her to immigrant to the U.S. even if he dies. Also, if he dies she may be able to file a self-petition as the widow of a U.S. citizen. However, I strongly recommend that your brother in law file a petition now.
Answer Applies to: California
Replied: 5/18/2011
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