Here is a brief description of my situation.
I am a US citizen. My brother came to the US legally but overstayed his tourist visa and is here in the US illegally now. My mom would like to come visit me in the US in a few weeks, but we are afraid that even if she gets a visa at the embassy she can be stopped by a customs official here at the airport after arrival, because of my brother's illegal status. Would it make a difference at all if my mom waited until I submit a green card application for my brother? Would that help her get admitted to the US? I can file a green card application for her, but it would take a few months for her to receive it, and I need her help here pretty much now.
Answer Dear Agiesza:
Please note that current processing time for sibling Petition is over 11 years; so filing of an immigrant petition for your brother would not matter at all. Further, if your mother gets a visa - to my understanding - there should not be any problem for her to enter (unless of course the question pops up regarding your brother, which is most likely not to happen.)
Also, you may petition for your mother which may take 4-6 months to process and she will enter the US on a GC; or you may file for her immediately upon her entry into the US and she should be processed for the GC w/6 months (depending upon the visa # availability with the USCIS office.)
Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.
Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.
Organizations Member - AILA.
Bar Council of India.
Education/Credentials LL.M - Benjamin N. Cardozo School of Law, NY.
LL.B - Campus Law Center, University of Delhi, New Delhi.