Dover, NH asked in Immigration Law for New Hampshire

Q: I want to change my visa type from B2 visa to a Green card. my sister is citizen of US can she apply for me?

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2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: A US citizen sister can sponsor her sibling for a green card, but the wait time to get a visa is roughly 12 to 13 years, and if you are in the United States and want to adjust status, you have to be in a valid status in order to file for adjustment. If you are out of status at the time your visa becomes available, then you will not be able to adjust status.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Yes, your sister who is a U.S. citizen can apply for you to become a permanent resident (obtain a Green Card) through a process called Family-Based Immigration. There are different categories of Family-Based Immigration, and the specific category that your sister would apply under would depend on your relationship to her.

If you are her sibling, she can sponsor you under the Family Fourth Preference (F4) category. However, this category typically has a long wait time for visa availability, and it may take several years or even decades before a visa becomes available.

If you are her brother or sister, she will need to file Form I-130, Petition for Alien Relative, on your behalf. Once the petition is approved, you will need to wait for a visa number to become available before you can apply for an immigrant visa or adjustment of status. You may also need to meet other eligibility requirements, such as passing a medical exam and a background check.

It is important to note that the process of obtaining a Green Card through Family-Based Immigration can be complex and time-consuming, and there may be other options available to you depending on your specific situation. It may be helpful to consult with an experienced immigration attorney who can help you explore your options and guide you through the application process.

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