Im a US citizens and I want to petition my sister who already live in US?
Answer:
It is really hard to give you the appropriate information needed without knowing what status she entered the United States in. Is she here as a nonimmigrant or is she here illegally? That is the primary factor that decides how long she will have to wait on an immigrant visa to become available.
You also have to meet the minimum requirements... Such as, you yourself have to be over the age of 21 to file for your brother or sister. We would also need to know whether or not she is your natural sister, adopted, or step sister to give you the appropriate information on how long it could be.
Regardless, the form that will need to be filed is the form I-130. You can get the I-130 from USCIS' website at http://www.uscis.gov . From there you click on Immigration Forms & they are listed in alphabetical order. You'll need to read the instructions very carefully to find out what to include with the application and where to send it. The current filing fee for the I-130 is $190.00. It does not cost anything to download the form, by the way, only when you actually send it in. The current priority dates are posted on the Department of State's website for each individual country, so there is an advantage to filing as soon as possible to have a more current priority date. Good luck with everything & if you have other questions you can contact 1 800 375 5283, for USCIS' Customer Service Center
The basic requirements to qualify for the Naturalization process are:
1. Your sister's lawful Permanent Residence in the U.S. for three years which follows two years conditional legal residence for a total of five years
2. One half of that time spent physically in the U.S. (absenses of up to six months are not counted against the physical time requirement)
3. Eighteen years of age or older
4. Ability to speak, understand, read, write simple English
5. Knowledge and understanding of the history, principles and form of US government, as demonstrated by a verbal and written test
6. "Good moral character" requirement
There will be an interview of your sister concerning knowledge and understanding of American history and government, and any moral character issues. Processing times for approval vary throughout the country but usually consist of six to twelve months. Your sister may file early for naturalization but no earlier than three months before your spouse would qualify under the five year residence rule.
It sounds like she's an illegal alien.
You can petition her, but the first thing she needs to do is go back home (self deport).
Once she's back home you need to file an I-130 (Petition For Alien Relative) with all the supporting documents for her.
If she's illegally here, she MUST go home and start the paperwork. It doesn't matter how long she's been here if she's illegal she doesn't belong and MUST go home.
This is not a racist statement - it's the law!
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