In this week's Consulta Migratoria® column I answer questions from a reader who wants to help her family members emigrate to the United States.
Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.
This is the column:
My U.S. citizen mother asked her 39 year old daughter two years ago. My sister has two children, an 18 year old boy and a 13 year old girl. Currently, they all live in El Salvador, where they are constantly threatened and harassed by the gangs that sexually abused my niece, leaving her pregnant.
Given the urgency of the situation, I am analyzing the possibility of to bring them to where I live in France while waiting for the result of the petition process, as I understand that it is a long process. It would be safer for my niece to give birth in France. The baby will not get French nationality because his mother is Salvadoran.
Would there be a problem if my sister and nephews come to France to wait for the result of the petition? Would they be able to travel to the United States? Could my mother's future great-granddaughter benefit from my sister's family petition? - Julissa D.
Julissa, I am so sorry that your niece was sexually abused and is pregnant.
Your sister and her children may be able to wait for the family petition to be processed in France. I suggest that you consult with an immigration attorney in France to ensure that your family members can legally enter and remain in the country for as long as necessary until their U.S. immigration proceedings are resolved.
Your mother must notify the U.S. Citizenship and Immigration Services (USCIS) and the Department of State of any changes in her address. This is absolutely necessary so that they continue to receive correspondence from the immigration authorities about their cases.
The process for your sister and nephews to immigrate to the United States through your mother. take between 9 to 14 years. It all depends on whether your sister is single or married. Your relatives can travel to the U.S. to visit the country temporarily, but cannot stay and live illegally to await the outcome of the family petition.
Your mother's future great-granddaughter will not be able to obtain permanent residence through the family-based petition that your mother filed on your sister's behalf. Under immigration law, this type of petition only benefits your sister and her spouse, if she is married, and her unmarried children under the age of 21. It does not include great-grandchildren.
However, after your niece obtains permanent residency, she could emigrate her future daughter.
Please consult with an immigration attorney before beginning any immigration proceedings.
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