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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109664
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My wife just got her citizenship. Years ago our immigration

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My wife just got her citizenship. Years ago our immigration attorney told us when she takes the citizenship test. She can then give her parents and sisters Us Green cards. I am reading that she can for her parents and it is only a 9 month processing time. But we also read if she files the same thing for her sisters it is a 10 YEAR PLUS processing time.

It's that true?

Her stister wants to come over first. What is the quickest way to get her sister here?
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. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

Unfortunately, it is true. This is one of the big issues in U.S. immigration law that requires reform but for now, it's really bad for the sister. How old is the sister? Hopefully she is very young and will have time to be petitioned by her parents or I will most likely have very bad news for you. Please remember not to shoot the messenger of the bad news.
Customer: replied 4 years ago.

She's 30. Can we file for her mother to come and have her mother file for the sister to come at the same time

She can have multiple petitions pending at the same time, but either one is going to take many years. Even if she was a minor, it would still take a few years and it would have to be one of these situations where the parents would come first, get Residency and then apply for her and head back to her either one or both parents with a Re-Entry Permit so that they do not abandon their Residencies while they are outside waiting with her until she could come years later. But since she is not a minor, even that disaster of a solution is not available to her. Now we just have to see how long the wait will be. What country was she born in?
Customer: replied 4 years ago.

Wow that's not good. So what about the mother will she have a long wait?


They are from colombia so she can't get a work visa. We wanted her sister and her sisters 2 kids to come here and have her sister work for my company.


That's not going to happen is it?


If she comes on a tourist visa she can't work right?


So these people that have to wait years for their i130 to go through can they get special visas while they are waiting?



Unfortunately, probably not. Remember, the worker visas are not to help foreign labor. They are to help the U.S. find workers when no U.S. workers are available. With high unemployment in the U.S. and few jobs available and many U.S. workers looking for those few jobs, that is going to be very difficult. What level of education does the sister have? Would you be able to prove that she would not take away a job from a U.S. worker? Are you willing to spend the few thousand dollars it would take to try to prove that with no guarantee?
Customer: replied 4 years ago.

No we can't do that.


How long will the mother have to wait for her i130

For the mother, it will take about a year to process the green card. The I-130 will most likely be approved within 6 months, but the consular processing would take about another 6 months unless the mother is already inside of the U.S. on a B-2 visa or something like that.

As far as the I-130 for the sister petition, that would take about 12 years. If the mother petitions for the daughter AND the daughter remains single, it would take about 7 years or so to be able to come to the U.S. using that I-130. She can have both I-130s pending at the same time. And yes, when the mother becomes a U.S. Citizen, the petition can be upgraded, but at this moment it wouldn’t make much of a difference as the dates on both categories are in 2006.

I am truly sorry. I wish I had better news for you. Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

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