Legal Question in Immigration Law in Georgia

usc wants to sponsor overstay sister

I am a usc who wishes to sponsor my sister who is an overstay in the US. How can I begin the procedure (if at all possible), and can she do adjustment of status so as not having to leave the US.

Also my sister has a daughter who is about to become a usc (she is currently a greencard holder) would it be faster for the daughter to sponsor her mother, and also would adjustment of status be possible in this scenario.

Thankyou for your advice.


Asked on 12/10/03, 8:53 pm

2 Answers from Attorneys
Fariba Faiz Law Offices of Fariba Faiz

Re: usc wants to sponsor overstay sister

You can file the I-130 for her and she will have to wait nearly 12 years for her priority date to become current and then consider her eligibility for adjusting status. Her daughter may file for her once she becomes a USC and meets all other requirements. The adjustment application can be filed concurrently at that point since priority dates will not be an issue and assuming her initial entry was legal and she became an overstay afterwards. Nonetheless, there may be no harm in having two separate petitions filed on her hehalf.

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Answered on 12/10/03, 9:11 pm
Hamel Vyas Bagia&Associates

Re: usc wants to sponsor overstay sister

You may file for her as well as her daughter. However, you did not mention how your sister entered the US - if she entered without inspection, there may be additional issues that will play into the case. It would be quicker if your niece filed for her once she became a USC. Good luck!

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Answered on 12/11/03, 9:50 am


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