Rockville, MD asked in Immigration Law for Maryland

Q: I am a US citizen and my mom is a green card holder. Which one of us is better to petition for my sister (23 years old)?

My sister is unmarried and 23 years old. Between me and my mom, who should petition for my sister for the process to become faster? How long would the process take? Also, what happens if she gets married after the petition is filed?

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1 Lawyer Answer

A: This is a complicated question. You can file the relative petition for your sister, but she will not be able to file for her green card for at least 10 years (lowest priority). Your mom can also file for an unmarried daughter (over 21) and the wait for a green card is a little less than 2 years. Please consult with a knowledgeable immigration attorney as filing an I-130 may have consequences if she wishes to enter after the I-130 is approved and before she is eligible to file her green card application. Also, if you romantic decides to naturalize at any point, this could have an impact on your decision.

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