My sister is trying to file for a permanent green card seperately from my dad.

Question

my stepmom who has u.s citizenship petitioned my sister and me becuz my dad married her.

and we're about to file for the permanent green card since it expires soon.it expires on sept.7th

but my sister couldnt get along w/ my stepmom so she had to leave the country. its been a month since she left.

but she doesnt wanna lose the status and wants to come back.

can she file it separately from my dad \/ and how \/

thank you

Answer 1

yes she can file separately but will also pay a separate fee of $545.00 and have to explain why she is filing separately, whereas if she filed with your dad it would only be one fee of $545.00. the status was granted based on your dad and step mom's marriage not a stepmother-daughter relationship, so as long as dad and step mom are getting along there would be not problem.

Answer 2

If you're dad only has a Green Card it would take him years to sponsor your sister- he should wait for his US citizenship (he can apply 3 years after receiving his permanent resident status, if he is married to a US citizen) and then apply for your sister.  At any rate, this may take several years.  If she really wants to come back that badly, I would suggest that she makes up with the step mom and let her handle it- this would be at that point the fastest and easiest way (also check how this works if your step mother has not officially adopted you and your sister- unless she already did.)

Answer 3

if she's under 18 she has to file with her dad.

If she's over 18, her step mom cannot file for her. she has to wait for her dad to become citizen and file for her.