she is 19 years old came to Us 2003 with a visa from Dom Rep and my mom did a petition but she is a green card holder could take longer with her than with me we try sending all the forms and they send it back and keep I-130 only and i want to know if i do a petition for her as a Us Citizen they maybe be keep all forms and
she at list get her working permit wild she wait for her green card ????
No. She does not qualify for adjustment of status.
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Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
Unfortunately although you can file an I-130 on behalf of your sister, she would have to wait until her visa priority date is current and the wait is 10+ years because petitions on behalf of siblings is the last preference category.
With your mother's petition the wait is around 2 years (subject to change).
HOWEVER since it seems she overstayed her visa she will not be able to adjust in the USA and would have to go through consular processing in the Dom Rep. which would trigger a 10 year inadmissibility bar and would need to file a waiver.
There is a proposed provisional waiver that is still not in effect but may in the future be available to your sister, please talk to an attorney before filing any petitions on her behalf.
Morales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.
Unfortunately, she cannot file the I-485, I-765 and I-131 even if you file an I-130. If your mother becomes a US citizen before your sister turns 21, then your sister can file the I-485, I-765 and I-131 (though she probably should not file the I-131 due to her 10-year unlawful presence bar). If your mother is eligible for naturalization, or will be soon, she should proceed with that as soon as possible.
You can certainly file the I-130 for your sister. There is no harm in doing that and serves as extra caution if for some reason your mother's petition does not work out. Realistically, however, your petition will take about 12 years, so it won't help any time soon. If your mother can file for citizenship soon, it may help.
However, it seems to me that your sister may be a perfect candidate for the new Immigration policy announced by President Obama that is set to start within the next two weeks. If she is under 30 and entered when she was under 16 (which appears to be the case here), she will probably qualify to get legal work authorization, driver's license, and a social security number. If you want to find out more, please feel free to contact me to discuss in more detail.
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