1) QUESTION:

I am a permanent resident. Can I sponsor my brother to move to the U.S.?

ANSWER:

No. A U.S. Permanent Resident can only file an immigrant petition for their spouse and unmarried children. You must become a U.S. citizen before you can file a petition for your brother. U.S. citizens can petition for their spouses, children (both married and unmarried), parents and siblings.

2) QUESTION:

I am a permanent resident. I was charged with a petty theft misdemeanor in 2006. My green card expires next year. Is this going to create an issue when I apply to renew my card?

ANSWER:

Most likely not, but you should consult with an immigration law attorney before you file your renewal application. This is because certain crimes can have an effect on a person’s immigration status. You mentioned that you were charged with the crime, but did not mention whether you were convicted. If the charges were dismissed, then you have nothing to worry about. This is not the same as having the charges expunged. Having the charges expunged means nothing to immigration.

If you were convicted of the charge, you may still be OK under the Petty Offense Exception. If you have only one conviction, for which the maximum possible jail time is less than one year, and the actual jail time to which you were sentenced is less than 6 months, then the conviction may fall within this exception and be forgiven. However you should consult with an attorney before assuming your conviction falls within this exception.

If your conviction does not qualify under the Petty Offense Exception, then an experienced attorney may be able to have your conviction amended to a charge that would fall within this category.

3) QUESTION:

I would like to know when my country will be eligible for the DV lottery program again.

ANSWER:

The Diversity Visa Lottery is a program which allows immigrant visas to be issued to nationals of those countries that have been underrepresented among those that have received immigrant visas. No more than 50,000 DV Lottery visas are granted each year.

Each year the Department of State issues the list of countries whose nationals are eligible to apply for the DV Lottery. This year, the countries of Pakistan, Columbia, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Peru, the Philippines, Poland, South Korea, the U.K (except North Ireland) and Vietnam, were excluded from eligibility under the DV lottery because more than 50,000 immigrant visas to the U.S. were issued to nationals of these countries within the previous five years.

Your country should be reinstated to eligibility for the DV Lottery when they are no longer issued more than 50,000 immigrant visas in a 5-year period.