Can I sponsor my mother and sister to live in the US? 13 Answers as of June 14, 2013

My mother and my sister, she is 12 years old come to USA as a tourist, since I am a US citizen can I sponsor them to live here?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is yes. You can petition for your mother, especially since she entered the country legally, then overstayed. She will be able to adjust status. In the case of your sister, not so. You can petition, but she would be on 4th priority preference status, unable to adjust status until her date to adjust comes up, and in that case she would be ineligible. But there may be other options.
Answer Applies to: California
Replied: 6/12/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
You can also petition your mother and sister but it will take years.
Answer Applies to: California
Replied: 6/11/2012
Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
You can sponsor them. Your mother is immediately eligible but your sister goes on a wait list.
Answer Applies to: New York
Replied: 6/11/2012
Elkhalil Law Firm, LLC
Elkhalil Law Firm, LLC | Hassan Elkhalil
Yes you can. You would have to file two separate petitions; one for your mother and one for your sister. Your mother will receive her green card within one year, if all is good. However, your sister would have to wait for a long time.
Answer Applies to: Georgia
Replied: 6/7/2012
Mayo Mallette PLLC
Mayo Mallette PLLC | Thomas J. Rosser
Assuming you are a US citizen who is 21 years old or older, yes, you are entitled to petition for your mother and 12-year old sister. The fundamental problem, however, is the timing of an available immigrant visa slot for your sister under the current Regulations. While your mother is considered an "Immediate Relative" under the existing Regulations and, therefore, not subject to the immigrant visa preference/quota system and could be admitted relatively quickly, your sister falls into classification F-4 (Brothers and Sisters of Adult US Citizens) for family-based sponsorship. Depending upon what her nationality is, she would currently have at least an eleven-year wait for immigrant visa availability as per the June 2012 USDOS Visa Bulletin once a priority date has been established for her through the filing of an I-130 Petition for Alien Relative (assuming there are no substantive changes authorized by the US Congress in the immediate future regarding an expansion of the number of available family-sponsored preference visa slots in the various categories).
Answer Applies to: Mississippi
Replied: 6/7/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    The answer depends upon how old you are. You must be 21 years of age to petition for a parent. The issue you will have is that your sister will be a preference petition whereas your mother will be an immediate relative. Your sister will have to wait years for a visa to be available. However, to adjust her status in the U.S. she will need to maintain lawful immigration status in the interim. You and your family should meet with an experienced immigration attorney to go over available options.
    Answer Applies to: New York
    Replied: 6/7/2012
    Frazier, Soloway & Poorak, P.C.
    Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
    Generally, a U.S. Citizen who is at least age 21 may sponsor a parent to adjust status to become a Lawful Permanent Resident (to get a "Green Card") if the parent entered the U.S. lawfully and with inspection, even if she may have overstayed her visa. Becoming a Permanent Resident for 5 years (3 years in the case of some people married to U.S. citizens) is a prerequisite for applying to become a naturalized citizen. The analysis is different for a sibling. Generally a U.S. Citizen may apply for a sibling who entered the U.S. lawfully and with inspection in the Family-Based Fourth Preference Category. The waiting list for a visa in this category is very long - by some estimates it may be 15 years or even longer - and so this rarely is a worthwhile immigration strategy and other alternatives need to be explored. Note also that if the sibling is out of status, she will need to go outside the U.S. for consular processing (instead of "adjustment of status" inside the U.S.), and if as an adult the sibling has been unlawfully present for more than a year she may become subject to a very harsh 10-year bar to re-entering the U.S. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Law Office of Bijal Jani | Bijal Jani
    Yes, you may petition for your parent and siblings.
    Answer Applies to: New York
    Replied: 6/7/2012
    Law Offices of Svetlana Boukhny
    Law Offices of Svetlana Boukhny | Svetlana Boukhny
    You can petition for your mother and that will take about 4-6 months if she is already in the US. However, your sister cannot be included in that petition. You can petition for her separately but that process will take about 10-12 years for your sister. In the alternative, once your mother becomes a permanent resident, she can petition for your sister (her daughter) and that process will take about 3 years.
    Answer Applies to: California
    Replied: 6/7/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    You can petition for both but since the waiting time is fairly long for your sister and she cannot legally stay here while waiting, she will be out of status soon. Your mother will be fine since there is no quota and the processing time will be quick. Your mother cannot include your sister in her case.
    Answer Applies to: California
    Replied: 6/7/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Yes. Your mother will be able to apply for adjustment of status (residency) immediately. You can petition for your sister on Form I-130, but she must wait many years before her priority date becomes current. However, she cannot apply for adjustment of status because she will be out of status by that time.
    Answer Applies to: Texas
    Replied: 6/7/2012
    Law Office of Eric Fisher | Eric Fisher
    If you are over 21, you can file a visa petition for your mother and she may be able to bring your minor sister with her if the petition is approved, but they must otherwise qualify for immigrant visas. You should retain an immigration attorney.
    Answer Applies to: Colorado
    Replied: 6/7/2012
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