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Can I apply for the green card with my parents through my sister, or should I wait until they get there green card and apply?

Hagerstown, MD |

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!!

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Attorney answers 3


You should sit down with an attorney to discuss this as there are too many issues to address in a forum such as this such as: Did you come with a visa or without? Have you ever left the US? Do you have any criminal history?...

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104



Came in 2000 and never left the US, came with visa, no criminal history

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina


The issue you face right now is the fact that you will not be an "immediate relative" for immigration purposes by the time your parents are US Citizens. You really need to speak with an attorney who can review your entire history as you may be eligible to adjust your status nonetheless IF you are "245i" eligible, or are otherwise an immediate relative. You an feel free to email me at (or any other attorney on this forum) for an in depth in person consultation.


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.

DISCLAIMER: The information you obtained in this answer is not, nor is it intended to be, legal advice and it should not be construed as a formation of a client-attorney relationship or legal representation, which can only occur after the execution of a formal engagement letter or retainer agreement. FREE Consultation at (212) 804-5770


I agree with my colleagues.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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