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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108681
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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my sister (us citizen) petitioned for my parents who are already

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my sister (us citizen) petitioned for my parents who are already living in the country to gain citizenship (or permanent residence) through her. I on the other hand, qualified for DACA and have been approved since last november. my questions are-

Q 1- could my sister still petition for me to gain legal status or permanent residence status through her?

Q 2- it will be 5 months in August since my sister sent in the forms to the uscis for my parents. we've heard nothing back. whats the waiting period?

I am 20 years old and DACA approved, currently living in the U.S.

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


1) Yes, but if you do not qualify for 245(i), you would have to leave the U.S. to use the petition and if you left the U.S., you would not be able to come back for 10 years without a very hard to get waiver. To qualify for 245(i), you would have to have had an I-130, I-140 or Labor Certification filed for you or under which you were listed on or before April 30, 2001. If you did not, you cannot qualify.


2) There really is no waiting period that you can hold USCIS up to. It generally takes 6 months or more to process the I-130. I generally say 5 to 7 months or so.


And as I said before, your sister can request you, but there are problems with that process. Your parents could have also requested you but you have the same problem because you will be over 21 by the time they become U.S. Citizens. They cannot request you to stay as Residents, unfortunately. You would have to be in legal status (not DACA) for a Resident parent to request you under or over 21. The only time you can be illegal and requested would be by a parent if you are under 21 or by a U.S. Citizen spouse and if a spouse does it, then you can be over 21. I am truly sorry.


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