Iam 19 years old and received my ssn and work authorization card from applying to the deferred action for childhood arrivals. My parents will be applying for their green card soon , with the help of my sister who is becoming a citizen. Can I apply with my parents, or should I wait until my parents receive there green cards? Which path will less time? (I turn 21 on June 2014) thank you in advance!!
I agree with my colleagues.
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Carl Shusterman, Esq.
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Once your sister becomes a US Citizen she may petition for you and your parents green cards as long as you were all inspected when you entered the United States. . . meaning you entered legally. Assuming your parents are in the USA, they would be considered immediate relatives once your sister is a US Citizen and the process takes about 6 months assuming there are no issues to their case. You would be considered a fourth preference category which a sibling of a US Citizen but this category has a wait time of over 11 years for a visa to become available, at the moment. As the law stands once your visa is available but you are out of status for more than 6 months then you would be inadmissible and your case would be denied even if you received an approved DACA. If you parents get their green cards and petition for you instead, you would be considered an F2A category, as an unmarried child under 21 of a permanent resident, the wait time for an available visa is about 2 years. But even if your visa is available because you are out of status for over 6 months then your case would be denied even with an approved DACA. Because your case has many questions and issues, I would urge you to speak to a qualified immigration lawyer before you and your family begin any process.
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