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US Citizen Family petition from Dominican Republic

Orlando, FL |

I’m a US Citizen and have a few question.

I would like to petition my haft brother (father side) for a green card, he lives in the Dominican Republic.

Route 1.
My father has visitor Visa. Can I petition my father for a green card?
My brother is 20 and not marry. My father had a green card in 1981 and return it since he did not wanted to live in the U.S.
If I file petition for my father.
1. Can he stay in the Dominican Republic or would he have to be here since he can enter legally with visitor Visa.
2. How long would that take. Him being here and him being in the Dominican Republic?
3. If my father becomes a green card holder, would it allow automatically petition my brother? And how long would that take?

Route 2.
File for petition for my brother.
1. How long would it take?

Attorney Answers 4

Posted

Route 1.
My father has visitor Visa. Can I petition my father for a green card?

Yes

My brother is 20 and not marry. My father had a green card in 1981 and return it since he did not wanted to live in the U.S.
If I file petition for my father.
1. Can he stay in the Dominican Republic or would he have to be here since he can enter legally with visitor Visa.

An I-130, by itself, does not require that the person being petitioned be in the US.

2. How long would that take. Him being here and him being in the Dominican Republic?

6 -12 months.

3. If my father becomes a green card holder, would it allow automatically petition my brother? And how long would that take?

No. You father would need to file a petition. How long it takes depends on how the priority dates move and whether your brother remains single, among other factors.

Route 2.
File for petition for my brother.
1. How long would it take?

Depends on the movement of the priority dates.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Posted

Your father is considered an "immediate relative". You could get him a green card in less than one year.

However, it takes about 11 years to immigrate your brother.

Please see

(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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Posted

You laid out great questions, but without knowing whether everyone is eligible to immigrate I would simply be guessing as to the time frames and ability to obtain an immigrant visa. I would suggest contacting a qualified immigration attorney in your area to review these questions with you, and make sure to bring as much documentation about your father's previous documents as well.

The statement above is only for general knowledge purposes and at no time intended to be a legal opinion. The individual posting the question and those reading should always obtain the advice of a qualified attorney. No attorney/client relationship is established.

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Posted

My colleagues provide excellent replies. My only advice to add is to not use a notario who will promise to get your family members into the US quickly but will only steal your money and make false promises.

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.

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