How can my sibling sponsor me for a green card if I am already living in the United States? 6 Answers as of July 19, 2011My sister want to sponsor me, she is US Citizen. I am living in the United States since 2001 under TPS for Salvadoreans, How long can be the process, counting that I am in the United States already?
Feldman Feldman & Associates, PC | Lynne Feldman
Your sister can file an I-130 for you but this just gets you a place in line. The line is long and it will be many years until this would do you any good. Having an I-130 on file does not allow you to remain in the U.S. so be sure to renew your TPS. You should also investigate any eligibility you might have under NACARA: Immigration Through the Nicaraguan Adjustment and Central American Relief Act (NACARA) Section 203 Overview of NACARA 203. . Section 203 of NACARA ("NACARA 203") applies to certain individuals from Guatemala, El Salvador, and the former Soviet bloc countries who entered the United States and applied for asylum by specified dates or registered for benefits under the settlement agreement in the class action lawsuit American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991) (ABC) . After October 2000, NACARA also applied to qualified family members and to certain individuals who have been battered or subjected to extreme cruelty by a permanent resident, U.S. citizen, or by certain NACARA 203 beneficiaries.. . Section 203 of NACARA allows qualified individuals to apply for suspension of deportation or for cancellation of removal ("NACARA 203 relief") under the standards similar to those in effect before the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Suspension of Deportation and Special Rule Cancellation of Removal These are types of relief from deportation (or removal). Traditionally, suspension of deportation and cancellation of removal have only been available to eligible individuals who are in deportation (or removal) proceedings in Immigration Court. NACARA 203 allows certain individuals to apply for relief from USCIS even if they have not been placed in deportation (or removal) proceedings before an immigration judge. If USCIS grants you relief under section 203 of NACARA, you will be a permanent resident and will obtain an I-551, Permanent Residence Card, commonly referred to as a "green card." For more information on eligibility to apply for NACARA 203 benefits, see our NACARA: Eligibility to Apply page.
Answer Applies to: California
Reza Athari & Associates, PLLC | Reza Athari
Your sister can file a petition for you regardless. It will take 8-11 years to have the priority date available for you. If by then you are still here and still have TPS or another form of status and provided that you made a legal entry, yes you may apply for adjustment of status in the US.
Answer Applies to: Nevada