Gwynn Oak, MD asked in Immigration Law for Maryland

Q: Filling for siblings

I want to know if my sister( she's a citizen and over the age of 21) can file for me under I-130 and I-485, I have been in the country for 12 years and my visitors visa has expired. I came at the age of 12 so I currently have a DACA work permit. Do I qualify for this status adjustment?

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1 Lawyer Answer
Dawn Chere Sequeira
Dawn Chere Sequeira
  • Immigration Law Lawyer
  • Bethesda, MD

A: You are eligible to adjust status, but the problem is that a sibling petition is 4th preference. So you could not file your green card application until a visa number is available. Right now, it's a 12 year wait minimum (could be longer depending on your country of birth). I would suggest that she petitions for your parents and once they have a green card, one parent can file for you. An attorney can help with this.

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