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Is there a way that I can assist my mother who has submitted paperwork to get his US citizenship?

Odenton, MD |

My brother lives in Honduras with his wife and two children. He had obtained a visa to work in the US but lost it because the employment opportunity did not work out for him. With the crime, corruption, and unemployment it is in my brother's best interest to move here. My mother is a naturalized US citizen, and she submitted paperwork approximately 5 years ago for him to get his citizenship.

I misspoke by stating "get his citizenship". I meant to say residency.

Attorney Answers 4


  1. To answer your specific question, you don't have anything to do with your mother's petition, unless you had to be a co sponsor. If you were a US citizen (which you didn't specify), it is a longer process for you to Petition for him, as opposed to your mother. Perhaps there is a better option but you would need a formal consultation with an attorney for tailored advice.


  2. You cannot do anything to help your brother at this time. He must wait for an immigrant visa to be available for him and his family.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


  3. He just needs to keep waiting until his priority date becomes current. Since he is married, he falls under a third preference category, and just has to wait for his visa to become available. As a US citizen, you may also petition for him, but this petition would fall under a fourth preference category with waiting time of approximately 10 years or so. In either case, go ahead and file a petition for him as well. He has nothing to lose, and in case something happens, he will have another petition filed on his behalf.

    Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  4. You must mean that your mother submitted a visa petition for your brother's immigration--
    green card, not citizenship. The quota for a married son of a US citizen (FP-3) is 10 years, so it will likely take another five years. Check the monthly visa bulletin for updates. The wait for siblings of US citizens (FP-4) it is even longer. But your brother has a bigger problem: Because he overstayed and is likely out of status, he may not adjust his status in the U.S. , and by departing to consular process, he will become inadmissible for 10 years. He will need a waiver of inadmissibility based on a showing of extreme hardship to his US citizens parent. It is a complex process and you should not try to tackle it yourself.

    The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

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