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I'm here to visit my brothers where they are a U.S. citizen, and I have a tourist visa for five years. Can I get a Green Card,

Mechanicsburg, PA |

and what the procedures and time , I am their sister, and I am 40 years old , single

Attorney Answers 7


  1. Brother may petition for you, waiting period 12 years, you should wait outside the US


  2. Your brother can petition for you by filing an I-130. Unfortunately it will take about 10 years for you to be eligible for a green card.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  3. please chat with a local immigation attorney, the form you will need for your brother to help you is called an I-130 however there is a 10 year period and more facts are needed etc for where to wait and how. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  4. Yes he can sponsor .. and the papers will be good in 12 years, or so.

    NO, you can not stay in the US while waiting for the greencard.

    Yes, you can try to find a different visa ... such as student for college/university??

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  5. Yes you can get a green card but it will take many years if your brother applies for you. Meet with an immigration attorney to discuss options.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  6. I agree with my colleagues. My only addition is if your brother applies and gets an I-130 for you, it does to give you legal status in the US. You will have to maintain status separately The tourist visa is not a status visa but the right to request entry on multiple visits for the five years. the I-94 stapled in your passport is the length of time you can stay in the US "on this visit" and remain in status. I see many aliens when I an on outreach who has I-130 approvals and claim loudly they are now legal ---- I have to explain to then that the I-130 alone is not a status document.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  7. One or both of your brothers can file a petition for you -- but there is a very long waiting period for your "priority date" == which is the date of filing the petition, to become current. Though presently the wait appears to be 10-12 years for most people (it depends on the country where you were born), it can be much longer, and also could be shorter -- NOONE can know for sure. At the moment, all anyone can tell you is how long it took for people who are RIGHT NOW immigrating through a sibling to be eligible to immigrate through that sibling. You can go to www.travel.state.gov and click on "visas" then "visa bulletin" and then look at the current and archived bulletins to see how fast siblings have been immigrating after a petition has been filed for them in the past decade or so. Note that the Senate bill that passed regarding immigration reform will ELIMINATE the sibling category -- but will presently (though it may be amended) would allow an 18 month period after passage for USCs to file for their siblings. You should explore other means to immigrate, however, if you want to remain in the U.S. now or come here as an immigrant in the near future. Hire an experienced and reputable immigration lawyer -- it will be worth your time and money.

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