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Family sponsoring question

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  • Family sponsoring question


    I would like to have a better understanding on an immigration situation.

    The situation involves my sister. She came into the U.S. with a tourist visa and overstayed her visit for many years because she married to a person who was on working permit at the time. They have children together. The children were born here in the U.S., so they are American citizen. Then my sister divorced her husband and went back to our home country (self-deportation) a couple years ago, but the children are still living in the U.S. with their father. However, the father status has changed to illegal resident due to his lawyer mishandling his case (but this is irrelevant).

    I have read on many web sites, including USCIS site, about banning from overstay. I know that my sister is banned to come into the U.S. for 10 years due to the length of her overstay. However, I also read about sponsoring relative to come to the U.S. I know that I can't sponsor her (I am not a U.S. citizen yet). I read that her children are eligible to sponsor her using immediate family status. Her oldest child is 12, which is younger than 21.

    My questions are...
    1) Could her children sponsor her for the green card even though she is banned because of her overstay? In other words, would the ban affects/hinders their application to allow her to be back into the country?
    2) If they can, do they have to sponsor both father, who is illegal, and mother at the same time? Or they can file the case separately?

    If any one can answer, please give me citation (or web link) to the answer. Any criticism or troll answer, I will be ignored them. Thank you.

  • #2
    Oh never mind. I was reading the information wrong... Her child can't sponsor her yet. Thanks for viewing my post.


    • #3
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