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Can a permanent alien resident sponsor his/her sibling (brother/sister)?

Macon, GA |

I have been living in Georgia since 2008 under F1 status (student visa) and in a short amount of time my time for schooling will expire because i am about to graduate with my B.A degree. My sister is a alien resident and i would like to know if it is possible for her to sponsor me to attain my green card or would it be possible for my brother in law (her husband) to sponsor me, he is a US citizen?

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Attorney answers 3

Posted

Eligibility for family-based immigration benefits falls into categories established by statute. Unfortunately there is no category for "a sibling of a U.S. Lawful Permanent Resident" or by which a U.S. Citizen may petition for his wife's sister.

It may be worthwhile to explore employment-based immigration options, if upon graduation you may have a job with an eligible employer who wishes to sponsor you for a job that requires the degree you are achieving.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway, Poorak & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

Asker

Posted

ok, thank you

Asker

Posted

Can another option be to apply to enroll into the army (for example the ROTC program at the college attending) as another means of attaining a green card/citizenship?

Posted

A petitioner has to be a USC to sponsor an alien sibling. It takes a very long time and the alien sibling cannot stay on in the U.S. illegally. Have you looked into employer sponsorship after your degree studies? An H1B.

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

Asker

Posted

the aien sibling a green cardholder, therefore she s not residing in the US ilegally Thank you for your advice.

Asker

Posted

my computers keyboard is acting up,i meant to say the alien sibling your refering to is a green card holder therefore she is not residing in the states illegally. Thanks again

Posted

Neither can sponsor.

Dhenu Savla
SwagatUSA, LLC
www.swagatusa.com

Asker

Posted

ok, and that is the same term as petition correct? What about an aunt who is a US citizen, can she sponsor/petition for her neice?

Dhenu Mitesh Savla

Dhenu Mitesh Savla

Posted

no. She cannot.