Miami, FL asked in Immigration Law for Florida

Q: I am a American citizen and want to bring my mother that lives in UruguayShe came before with visa and stay and then lef

What forms do I have to fill and can she come with my 7 year old sister who is also there with her

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2 Lawyer Answers
Robert Jason De Groot
Robert Jason De Groot
  • Deltona, FL
  • Licensed in Florida

A: The chances of this being answered by an actual immigration attorney on this forum are slim. The best thing to do is go see one.

Christina Marie Turovskiy
Christina Marie Turovskiy
  • Immigration Law Lawyer
  • Cleveland, OH

A: From the facts you provided (and assuming you are over 21), it looks as though you are eligible to petition for your mother as an immediate relative and then file her application for an immigrant visa upon approval of the immediate relative petition. Consular processing is a two-step process that takes time. Currently, we are seeing it take as long as 12-15 months from start to finish, but this is always subject to change. Unfortunately, derivative beneficiaries are not allowed for immediate relatives filings. That means each relative must have his or her own petition, separately filed on his or her behalf. If you were to file for your sister, she would not be considered an immediate relative like your mother. Your sister would be F4 preference category where the wait is very long (see DOS Visa Bulletin for priority dates). If you were to file for your mother and then she obtained status in the US, it may then be wiser for your mother to then be the one to file for your sister so that she is in a higher preference category with less of a waiting period. But if your mother is in Uruguay taking care of your sister, this simply may not be feasible as your mother would have to leave Uruguay and begin residence in the US. Consult with an experienced immigration attorney to go over your options with more details.

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