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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28291
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My brother in law is in the US as a medical doctor and has s

Customer Question

Good day,
My brother in law is in the US as a medical doctor and has his permanent residency to stay and work in the US. He had filed for his parents and siblings to come and join him there, the parents had been invited and had been given attention. The siblings has not been even called at all and it more than 4 years now. Are we sure this application is still going to be attended to.
2. Now I wish because I have the capacity of taking my family to the US for a holiday but the feeders I get is that my wife might not be granted visa because of the residency application that her brother had done for her.
Please advise
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Legalease replied 7 months ago.

Hello there --


It is very common for the children and parents of a resident alien (permanent residence) to get more immediate attention from the US immigration services -- the average wait for such relatives is 3-6 years. Other relatives who are not considered as close as parents and children, such as siblings, can take up to 8-10 years to be considered for a US visa to come and live in the US as a permanent resident. Your brother in law should simply contact the US immigration to determine what number his siblings are on the list of immigrants waiting for a visa and about how long that translates into actual years. It truly can take a LONG time (I am sorry). Regarding a visitors visa to come to the US on vacation -- your wife can apply for such a visa and receive it without any problems or issues. If your family all have visitors visas then US immigration will assume that your wife will be travelling back to your home country with her own family when your trip is over. The fact that a visa application has been applied for in order to let her stay permanently may or may not come up with US immigration when she applies for a visitors visa, but if she can find out from her brother how many years out that she is from even being considered for such a permanent visa. that will also help her in her application for a visitors visa. You should not let the permanent visa application keep you from applying for a family visitors visa including your wife.


Do you have any further questions for me? If not, can you please press a positive rating above these chat boxes so I will be paid for my time? I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the ratings section. So, I really do appreciate that you want to make sure I am paid and given credit for my time for assisting you with this question. Your question will not close and you can come back in and ask follow up questions for several weeks after the question was asked. THANK YOU VERY MUCH



Expert:  Judith replied 7 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I am a different attorney than the one who answered above.

There is some matters that need to be clarified so that there is a clear understanding of whether your brother-in-law has in fact filed an immigrant petition for both his parents and his sister.

You state that he is " a medical doctor and has his permanent residency to stay and work in the US".

A permanent resident is not eligible to file an immigrant petition for either a parent or a sibling.

The law requires the adult child to be a US citizen to file for the parent and the law also requires the sibling to be a US citizen to file for a brother or sister.

If your in-law is a US citizen his parent is immediately eligible for an immigrant permanent resident visa and the process would take no more than 7-9 months.

It is a 12-13 year wait for the sibling to have a visa number available to her.

So the issue of the true status of your in-law needs to be determined before we can decide whether there is a possibility for a non-immigrant visa to be issued.

This issue is of utmost importance because you indicate the parents have been invited and given attention. You do not say what the attention was - a visitor visa? Or were the parents given an immigrant visa?

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.


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