If my father came to the USA with a visa, when he marries his girlfriend and gets his rights can he sponsor me and my brother?
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If my father came to the USA with a visa, when he marries his girlfriend and gets his rights can he sponsor me and my brother?
My brother is 16 and I am 18, We were brought to the US illegally as babies.
Asked on February 14, 2012 under Immigration Law, New York
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your 16 year old brother goes outside the US before he turns 18, then he has a chance of being petitioned for a green card once your father becomes a US permanent resident. You, however, since you have already turned 18, are accruing unlawful presence in the US and will not be eligible for a green card within the US based on the current immigration laws. If you go outside the US, you will be barred from reentry to the US for 3/10 years, depending on how long ago you turned 18.
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