St. Augustine, FL Immigration Law Firms & Lawyers

A relationship between grandfather and grandchildren is unfortunately not one that can lead to permanent resident sponsorship. Perhaps their grandfather would be satisfied with less, e.g. having the children stay with him during school breaks and the summer. That could be done just by you taking the children to the US on your passports since Canadians do not need visas to cross the border and if need be, explaining your purpose to CBP at the border. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

This gets complicated. If improperly and/or untimely filed, she may be placed in deportation in Immigration Court. She may eventually have options, but too many are too impatient. I strongly recommend an appointment or teleconference.

There is no reason why you can't apply under both categories. The application by your sister is likely to be much slower than the employment-based; but it depends on which employment category you qualify for. There is also the issue of whether your current J-1 subjects you to the two-year foreign residency requirement (or a waiver of this requirement) before you can become a permanent resident or change to certain other nonimmigrant statuses. We would be happy to consult with you on the specifics of your case. I do charge for consultations $350 per hour - but whatever you pay for the consultation would then be a credit toward the fees for your case.