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Sponsorship for a green card by sister.

Troy, MI |

I'm currently on H1B visa that will expire in a year (second term). My employer refused to sponsor me for a green card due to current layoffs in the company. I can't find another company who is willing to sponsor me. My sister became US citizen year ago. She lives in different state. What are my chances to get sponsored by her for a "green card"? Is living in different state an obstacle?
I've been in US for 10 years (first on F1 visa, then on H1B). I visited my country 3 times during that time, for no longer than 2 weeks each trip.
I also have two underage children - both are U.S. citizens, born in the U.S. Thank you.

After my H1B will expire, can I change status to student visa again (going for my masters degree)?

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Attorney answers 1


The most obvious problem is that it is taking over ten years for visa numbers to become available for siblings of US citizens. The time is much longer for certain countries.

While waiting for the visa number to become available, you must maintain valid immigration status or risk being deported from the US.

Are you married to a US citizen? Immediate relative visas are likely the fastest as there is no quota.

Your US citizen children is not eligible to petition for you until they are at least 21.

There are many other types of immigrant visas.

You can review the facts with an attorney to see what your options are.

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