If my sister applies for my green card while I work, will this speed up the process? 5 Answers as of January 18, 2011

I am on J1 visa. If I apply for green card (employment based). What will be the time taken to get my green card? My sister is a US citizen (homemaker, who does not pay income tax). Is it possible for her to apply for my green card when I am working in the US? What will be the time taken in this case? Which one is best suited to my case?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
There is no reason why you can't apply under both categories. The application by your sister is likely to be much slower than the employment-based; but it depends on which employment category you qualify for. There is also the issue of whether your current J-1 subjects you to the two-year foreign residency requirement (or a waiver of this requirement) before you can become a permanent resident or change to certain other nonimmigrant statuses.

We would be happy to consult with you on the specifics of your case. I do charge for consultations $350 per hour - but whatever you pay for the consultation would then be a credit toward the fees for your case.
Answer Applies to: California
Replied: 1/18/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Your sister can petition for you, but this petition will take over ten years.
Answer Applies to: Florida
Replied: 1/17/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
No, this will not speed the immigration process.
Answer Applies to: Florida
Replied: 1/13/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
The time frame for a US citizen to file a petition for a sibling is approximately 10 years. The time frame for most employment based cases is 5to 7 years. If the job requires a master's degree or higher and you have one, then the time frame is much quicker. I cannot tell from your post what type fits your case. However, unless you fit into that higher category, it is unlikely that you would be able to remain here on a J visa for the pendency of these applications. I suggest you consult with an immigration attorney to determine exactly what path suits you and whether you can change to another non-immigrant visa status while you are waiting.
Answer Applies to: Virginia
Replied: 1/13/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Employment based would be your best bet as your sister's petition would take close to 9 nine years.
Answer Applies to: Florida
Replied: 1/12/2011
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