Question reg MIL

[Malkaviah]

I'm not sure if this is the right place to post this, if not sorry. I had a question on a situation I am hoping some one can help with. My husband just got his visa 3 weeks ago and I was the one who sponsored him. He has his mother here in the US with us, she entered in 2001 EWI. Question- is it possible for me to sponsor her in someway or for him to sponsor her? I know he will not be up for citizenship until 2011 and I was thinking even if he could file on her behalf he would have to wait until he gets citizenship. She has a long list of health issues and is dependent upon her sons and I was hoping there is a way to be able to help her. If someone could let me know if they have any advice I would really appreciate it.

ashley

[aleful]

Malk,
Unfortunatly, you cannot sponsor her, only your husband can. He has to wait until he becomes a USC. Only USC can petition for parents. Another problem is that she EWI. She cannot adjust in the US either, she will have to go to country and and she will get a 10 year ban.
I don't know if she would be eligible for a waiver (pardon).

To petition a family member it has to be a direct family member, such as parents,children or siblings.

The only people that you could petition for is if your spouse had a minor child, as a step-parent. Other than that, you can't petition anybody else of your spouse's family.

[Malkaviah]

I appreciate you letting me know. I guess we will just wait until he gets citizenship and see. I knew he would be able to once he gets citizenship but we have quite a wait for that. Thanks for your help though because I wasn't sure.

[lankins40]

So would my husband be able petition for his nephew when he becomes a citizen in three years? Please someone let me know or if we can help his nephew another way,he has two girls born her but they are both really young one is a baby. Thanks

[Malkaviah]

I have one more question about this...If my husband sponsors his mother I know he can sponsor his brother and sister too but as for the AOS can I be a co-sponsor to help prove that he can support them all or is that not possible?

[Laura]

Malkaviah - Even after your husband becomes a citizen, he can petition his mother, but she will have to leave the U.S. for her interview, like Aleful said. When she leaves the U.S. she triggers the 10 year bar, and your husband is not a qualifying relative for the waiver for his mother. Do you see what I am saying? You were able to waive your husband's 10-year ban because you are a citizen and his wife, but your MIL would need either a USC spouse or parent in order to do a waiver. So basically, she has to wait outside the U.S. for ten years before she could re-enter.

Lankins - USCs can only petition for siblings, parents, children and spouses. Only parents and spouses are considered immediate relatives and theoretically can get visas within a year or two. The wait for a sibling to get a visa is many years. There is no way to petition for a nephew.

Malkaviah, on the same token, your husband can petition his siblings, but if they are here illegally, they will not be able to waive their 10-year ban from the U.S. If they are still in Mexico they wouldn't need a waiver but the process will still take something like 15 years because there is such a huge number of sibling petitions and only a small number of visas available for siblings each year.

[Malkaviah]

So I guess that it isn't even worth trying then. I keep forgetting that the waiver can only be a US spouse or parent. I know because of her age 10 yrs would be hard to do. Thank you for explaining it to me though.
ashley