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August 4, 2004
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Bring mom from Iran

I read your answer on Iranian.com and have my own question. I obtained my green card two years ago and would like to bring over my mom from Iran to US to live with me. I have heard that I need to become a citizen before doing that, since my mom is second relative, kind of...

What other solution do you suggest?

Thanks,

A.R.

Dear A.R.

As a Lawful Permanent Resident (or Green Card holder), you are not eligible to petition for your mother at this time under the law. You would have to wait to be eligible to apply for your U.S. Citizenship, which is normally five years after the date you received your Green Card, with some exceptions.

Of course, if any of your siblings is already a U.S. Citizen, he or she could apply for her immediately.

Other possibilities to bring your mother to the United States sooner are very limited. She could of course apply under the Diversity Visa category, popularly known as the Green Card Lottery, which takes place every year.

Green Card interview

Dear Mr.Taheripour,

I am a green card holder and filed for naturalization about 10 days ago. I just received the first response letter from the immigration service saying that my interview could be in 540 day, but in the immigration info pages I read that the wait time has now come down to 6-9 months. Could you tell me how long people are waiting for their citizenship interviews nowadys?

Sincerely,

B.B.

Dear B.B.

In the Los Angeles area, it is true that currently, applications for naturalization are taking approximately between 6 to 9 months. One reason for this could be that these applications tend to be processed at a faster rate during election years. In the past years, applications for naturalizations have been known to take much longer, even between 1 to 2 years.

My advice to you would be: Do not rely too much on the processing dates given to you by the Bureau of Citizenship and Immigration Services because they are approximations only and do not obligate the Bureau to process the applications within the time stated.

However, if you continue to check the processing dates and the time for processing your application has passed, I would suggest contacting an attorney who could make a personal inquiry with the BCIS on your behalf just to make sure that your application has not been inadvertently lost.

The processing time for your application can be checked online here.

Citizen's sister

I'd like to know if there's a way that my sister and her family (2 daugters) can come here to the U.S. I already talked to a lawyer and he kinda didn't think there's a way to do it.

Now neither my sister nor her husband have post high school education. But I'm a citizen and my husband has his own company which he can petition through. Please let me know. I really appreciate an answer.

Thanks,

M.

Dear M.

As a United States Citizen, you could immediately apply for your sister and her spouse and children (if the children are under 21 and unmarried). The problem is that it will take approximately 12 years for them to have a current visa number. The Visa Bulletin is available online here . For this month, they are processing visas for siblings of United States Citizens whose petitions were filed on August 15, 1992.

As for your husband petitioning for your sister through his company, it seems that the attorney you consulted was explaining the option of an employment-based immigrant visa.

There are a multitude of categories of individuals eligible for employment-based immigrant and nonimmigrant visas. However those options become limited for your sister and her husband since they do not have post high school education.

The U.S. Government may, however, allow employment-based visas in certain cases, where aliens have at least two years of experience as skilled workers, or aliens who are unskilled workers who can perform labor for which qualified workers are not available in the United States.

The advantage of filing an employment-based immigrant petition is that, should it be approved by the Bureau, it will give your sister an immediately available visa.

Ali Taheripour, Esq.: a_taheripour@yahoo.com
Law Offices of Ali Taheripour
12754 Ventura Blvd, Ste D
Studio City, CA 91604
Tel: (818) 754-6777
Fax: (818) 754-6778

Main areas of practice are civil litigation (including personal injury) and immigration law.

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