Ovilla, TX Immigration Law Firms & Lawyers

There never is a legal obligation to file a Form I-130 Petition for Relative Alien if the planned petitioner does not wish to do so. Note, however, that there is a very long backlog for visas in the Family-based Fourth Preference visa category - the category by which a U.S. citizen sponsors a sibling. While it may appear otherwise, that delay is likely to be 15-20 years or even longer, and the filing of the Form I-130 alone would not confer any right for a sister to travel to the U.S., to work in the U.S., etc. Instead, it is simply the first step in a process for attaining immigration benefits that cannot be completed until a visa becomes available in the applicable category. With this in mind, you might re-consider your reluctance to file a Form I-130. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

Voluntary departure is certainly better than having an executed order of deportation. You should get all the arrest, charging and disposition documents for the criminal case and consult with an immigration attorney to see if he can re-apply for the green card.

With regard to the affidavit of support, there is nothing in the law about how long you need to be working. The question asks about your current income and you are also supposed to produce your last tax return, etc.