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H-1 visa for dependents.

Chicago, IL |

I'm on H-1B visa here in the US. I'm planning to get married to a girl who does not have parents ( both died both her parents died when she was young. She has a sister who is an autistic ( slow learner). Her sister is totally dependent on her as she does not have parents. Can I apply for my girl friend and her sister's visa if we get married? What if I get my green card?

Attorney Answers 5


  1. If you get married, your spouse can enter the U.S. as an H4. Her siblings cannot. You could try to file for humanitarian parole if she is the only one supporting her sister.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. Why not try for humanitarian assistance?

    Hire counsel and proceed.


  3. Your question omitted a few key facts. First, where is your girl friend located now? Is she located abroad or is she in the United States in another legal status? If you marry, she may be classified in H-4 status upon presentation of your marriage certificate/license at the U.S. Embassy in her country or upon filing an I-539 application for change of nonimmigrant status in the U.S. with all supporting documents including proof of your marriage if she is in the United States as above. As to her sister, she would not be immediately eligible for a status derivative from your H-1b status. If you become a permanent resident (green card holder), when you marry your girlfriend she could get a green card at the same time if she is already in the U.S. in H-4 status. There may be special relief available to your girlfriend's sister in law but it would by no means be a certainty. I would suggest contacting an experienced immigration attorney who can discuss a strategy with you. Good luck!

    Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 www.debbiklopmanlawoffice.com dkny430@aol.com 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship


  4. I do not believe that that plan to provide any legal beneficiary visa will cover your prospective spouse's sibling for that matter.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  5. I suggest seeking a consultation with an attorney. If you know that your sister-in-law is going to live with you and that you will act as legal guardian, you may consider adopting her. If that were to happen, she will qualify for a H4 and later on, a green card through you.

    The advice suggested here is for general information only and not to be construed as legal advice.

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