If my mother-in-law is almost a US resident and petitioned for her daughter, does my sister-in-law have to leave the US while her petition is processed?

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If my mother-in-law is almost a US resident and petitioned for her daughter, does my sister-in-law have to leave the US while her petition is processed?

My mother-in-law is becoming a US resident. When she becomes a resident, if she petitions for her 26 year old daughter, does the daughter have to leave the US or can she stay in the US while her petition is being processed?

Asked on June 7, 2012 under Immigration Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order to answer your question, does the daughter have a valid visa to remain in the United States while your mother-in-law petitions for the daughter to have Unite States residency? If not or if she does and her visa expires to remain in this country, then legally the daughter is required to leave the United States pending the processing and possible approval of your mother-in-law to become a United States citizen.


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