THE ALBERT BALDEO LAW COLUMN
In your column "Immigration Korner," which was "created
especially for immigrants concerned or unsure of issues pertaining
to the U.S. Immigration Law," I write to put into proper legal
perspective certain advice given in your last issue for the benefit
of all readers. The question was posed:
Q: My daughter is 24 years old. She left Guyana since she was 15.
Although she is permanent in the U.S., I still have not gotten any
word of sponsorship. I would like to know if she could sponsor her
little brother and me and what are the conditions to apply for sponsorship?
A: Louisiana-based Attorney Sanjay Biswas says if your daughter
has been a permanent resident for five years or if she qualifies
for citizenship through marriage, then she can become a U.S. citizen.
This will allow for her to petition for you as an immediate relative
and you would be able to come within six months. Your son would
be able to come as well if he is under 21. A permanent resident
cannot sponsor a parent.
As an immigration advocate myself, I hope that legislators will
change the law to reflect the advice given, but I regret to say
that his advice does not correctly reflect extant law to the extent
stated hereunder. The reader's son, unfortunately, will not be able
to migrate with his mother, even if he is under 21 years old. He
would have to be sponsored separately by his sister if she is a
US citizen, and does not qualify under his mother's sponsorship.
Moreover, his category will be the Fourth Preference, which translates
into the immigration reality of a wait of more than 12 years before
an immigrant visa will be made available for him to migrate. Readers
in this situation should be guided accordingly, and not make premature
and unrealistic plans to migrate to the USA. Thus, whereas the mother
may migrate within a year, the son will, regrettably, not be entitled
to do the same. They can try humanitarian grounds, but the chances
of success are very slim here. The mother may also want to consider
sponsoring the son when she gets a Green Card, which may take a
shorter time than the sister's sponsorship- at least 5 years if
he is still unmarried!
Albert Baldeo, Esq.
Queens, NY, USA