Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law
This answer was rated:

my sister (us citizen) petitioned for my parents who are already

living in the country to...
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.
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 26 minutes by:
8/16/2013
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,672
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified

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.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,672
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Ask Guillermo J. Senmartin, Esq. Your Own Question
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,672
110,672 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

Guillermo J. Senmartin, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

110,672 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I want to know if I get my citizenship now and marry my
hello, I want to know if I get my citizenship now and marry my resident alien fiance, can that help to avoid deportation for him? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm applying for US citizenship. Can my 15 year old daughter
Hello,I'm applying for US citizenship. Can my 15 year old daughter file for US citizenship as well in a separate application?… read more
Expert James
Expert James
Doctoral Degree
11,711 satisfied customers
Can a American citizen apply citizenship for a brother in
Can a American citizen apply citizenship for a brother in law … read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
My husband citizenship application was denied in July of
My husband citizenship application was denied in July of 2016. The letter states it was denied for not having enough time in the US and giving false testimony under oath. Did not meet requirements for… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I had my citizenship interview completed and they did not
I had my citizenship interview completed and they did not make a decision since they are waiting for a file to adjudicate my citizenship. My finger printing was completed on January 9th 2017. I saw in… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a question pertaining to me applying for citizenship.
Hi there, I have a question pertaining to me applying for citizenship. I married my high school sweetheart over 3 years ago and now i am a permanent resident. My wife and myself filed taxes jointly ov… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,672 satisfied customers
I have a question about citizenship interview and housing
Hi, I have a question about citizenship interview and housing status or marriage of petitioner can affect the citizenship grant My problem: I am the petitioner for my mother, she is now a resident. I … read more
Expert James
Expert James
Doctoral Degree
11,711 satisfied customers
I had my citizenship interview completed and they did not
I had my citizenship interview completed and they did not make a decision since they are waiting for a file. I got a parking ticket for parking on snow covered streets, how ever the ticket is saying n… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am in the middle of applying for citizenship with my
I am in the middle of applying for citizenship with my biometrics appt scheduled for this week. My green card status expires on the 18th of January. I am also in the middle of applying for a mortgage … read more
Expert James
Expert James
Doctoral Degree
11,711 satisfied customers
What are the requirements for acquisition of US citizenship
What are the requirements for acquisition of US citizenship at birth through a US citizen parent currently living abroad?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,672 satisfied customers
What is dual citizenship, what does it entail, what are the
what is dual citizenship, what does it entail, what are the eventual problems it can bring to me as a person coming into the USA, and especially in matters of taxation or other, and would my bank want… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,672 satisfied customers
Questions on Card and Citizenship. Question 1. How is the
For Judith ------------------ Questions on Green Card and Citizenship.Question 1. How long is the wait time to apply for the Citizenship after the getting the green card. 1.a. Does it depend on the ca… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Naturalized through Military. Will my citizenship get
Naturalized through Military. Will my citizenship get revoked if I get medically discharged? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,672 satisfied customers
I applied for citizenship went to interview and my case was
Hello I applied for citizenship went to interview and my case was sent up for supervisory review shortly after I was sent a letter requesting more information. They are requesting a record of convicti… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
If one was applying for the citizenship and got a divorce
If one was applying for the citizenship and got a divorce during the process and she is under the 5 years span, what will happens to her application?… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My wife is applying for citizenship. We've been married for
My wife is applying for citizenship. We've been married for 13 years. I owe back taxes. Will that stop her from getting citizenship?… read more
TaxRobin
TaxRobin
Vocational, Technical or Trade School
1 satisfied customers
I am applying for citizenship and was convicted of
I am applying for citizenship and was convicted of misdemeanor for applying for drivers licencse with a different name. I was in my teens and that was a mistake I made. I was convinced Of count 20 vc … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
An applicant applied for citizenship. The applicant never
Hello!An applicant applied for citizenship. The applicant never received the biometrics notice until 4 months after it was scheduled. The application center conducted the applicants biometrics. A few … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x