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Immigration Issues/Will my sister have to go to Haiti to wait for her papers

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Question
Hi,
I am a US citizen wanting to apply for my adult sister's residency.  She lives in the US now; she came with a Visitor's Visa which is has been expired.  I would like to know if she will have to go back to our country, Haiti, to wait for her papers or not? When are people required to go back to their country to wait for their proper documentation?

Answer
Your sister is in a difficult situation. Your petition for her will take 15 years. She is not eligible to get it here unless she had something pending for her before 4/30/2001. On the other hand if she leaves the country after being here illegally for more than a year she will be barred from coming back for 10 years.

She can stay here and hope the law changes or go back and wait for her immigrant visa interview which will take place in about 15 years when she would have already spent the required 10 years at home.

Regards,

Robert

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