Legal Question in Immigration Law in Maryland
I have a wife in Pakistan who is going to migrating to the states pretty soon, she'll probably be here in September, she is coming along with her parents and sister. She has 1 brother who got married as well (after I did). Now the family he got married into also lives in America, they migrated 1 year ago. So basically my question is what is better for him to come to the states, through my wife as her brother or through his in-laws has a husband? The in laws just came to the states a year ago so I'm wondering if its faster through them or through my Wife to sponser him and bring him to the states. He is 23 years old right now.
2 Answers from Attorneys
Your brother-in-law can't get a Green Card through his in-laws. There is no recognized category for in-laws. Did your brother-in-law's wife obtain a Green Card before she married? If so, he can get a Green Card through HER as an immediate relative of a Green Card holder.
Your wife can only sponsor her brother if she is a U.S. citizen and over 21 years of age.
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You need to explain your situation better.
There is a few possible legal issues.
Firstly, a married son or daughter can't immigrate to USA as a dependent child of her parents. If the wife of the brother was married to him prior to her immigration, she couldn't have properly obtained a visa as a dependent.
A brother is a married man. His wife, as I understand is a new immigrant (green card holder) in USA -- who immigrated PRIOR to marrying your brother. If so, she can petition for him now, and when a petition is approved and a priority date is current -- then he can immigrate to USA. If, however, she was married prior to immigtating as a dependent, then there could be a problem.
Yes, it will be faster through a wife (even if she is a US permanent resident), rather than through a USA citizen sister.
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