Need Help for a Friend

[Jass 73]

My friend's father and sister are in jeopardy of being sent back to Nigeria. His father married a US citizen but got a divorce because his wife was abusive. He and his daughter were able to get their green card extended for another year, which will be up in August. My friend is a US citizen, him and his wife and they have filed for the father but can't file for the daughter. Can anything be done? They have established a life here, job and school and may have to go back because the wife was abusive. My friend and his wife child will be due in August and want them to be here. 

[Unlockable 7,314]

I need some clarification so let me know if this is correct.

 

• Father and daughter is GC holder based on marriage.
• GC is due to expire this year in August.
• Your friend (the father's son) has filed a family based petition for father and is trying to file for daughter.

 

If what I said above is correct then the first question is, how is your friend filing for his father when the father ALREADY has a green card? If the father has a green card and it is a conditional (2 year) card he will have to remove conditions. He can do this by himself with a divorce waiver. If it is a 10 year green card, the father would just need to renew it.

 

But again, your friend does not need to file a petition for him if the father already has a family based green card. Please use the guide here to study what ROC is if that is what the father needs to do. 

Edited January 29, 2017 by NuestraUnion

[Penguin_ie 5,993]

Do thew two of them have greencards, or are here on a visa of some sort?

[Jass 73]

Hi, she just said the judge told my friend that her husband can only sponsor the father and not the daughter. The daughter is over 18 and his case is in review and waiting to see if it will be extended another year and also said his visa was up last year so they got it extended to this august. 

[Unlockable 7,314]

Ok but what visa???

 

We need to know which visa the father has in order to give proper advice.

[NigeriaorBust 4,087]

  If I understand you , your friend a Nigerian male that married a USC female and became a USC.  Separately his father married a USC and came here but did not establish a bone fide marriage , somehow the mans daughter is here ( the friends sister )   If your friend is a USC they can file for their parent as an immediate relative and immigration is quick. However to file for a sibling there is a 15 year wait and the sibling can't overstay.  So even if the father can be filed for the sister is in trouble if they are relying on the son/brother to bail them out.