Can Adjustment of status for siblings of USC be done?

[dash-tx 1]

Hello all!

My friend just became a USC last week and he wants to apply for his two brothers. They all came here about 7 years ago with tourist visas and are currently out of status.

Can he as a USC apply for his siblings to adjust their status?

I understand the wait for sibling is very long, but they are willing to go through that if the Adjustment fo Status is possible.

I've heard that this was possible up to 2001 and not anymore, but I also heard otherwise.

Just wanted to get some information from someone that knows this or have been through it.

Thanks.

dash-tx

[Bobby+Umit 161]

USCIS faq

2. If your relatives are already in the United States and

entered legally, then they may be able to file an I-485

application to adjust their status to lawful permanent resident

at the same time as you file the I-130 relative petition.

Petitions filed at the same time with permanent residence

applications (I-485) must be filed at a location that is different

from where you would file an I-130 petition by itself. Please

read the instructions for the two addresses where concurrent

filings can be mailed.

Edited May 20, 2009 by Bobby_Umit

[Otto 83]

My friend just became a USC last week and he wants to apply for his two brothers. They all came here about 7 years ago with tourist visas and are currently out of status.

Can he as a USC apply for his siblings to adjust their status?

A US Citizen may petition the US Government to bring his/her siblings to the US. (Doesn't mean it would be approved though.)

[YuAndDan 153]

NO

The attached I-130 that will be concurrently filed with I-485 needs to be for a person who would fall into the UN-LIMITED class of visas (IE, Parent or Spouse of a US Citizen)

Siblings fall onto the F-4 class not Un-Limited Class.

[Bobby+Umit 161]

NO

The attached I-130 that will be concurrently filed with I-485 needs to be for a person who would fall into the UN-LIMITED class of visas (IE, Parent or Spouse of a US Citizen)

Siblings fall onto the F-4 class not Un-Limited Class.

?

says in the FAQ listed above:

A U.S. citizen who is at least 21 years or older may also petition for

the following relatives:

• Parents;

• Brothers or sisters.

and they entered the US legally (visitors visa) - however, the overstay may cause a problem.

[YuAndDan 153]

NO

The attached I-130 that will be concurrently filed with I-485 needs to be for a person who would fall into the UN-LIMITED class of visas (IE, Parent or Spouse of a US Citizen)

Siblings fall onto the F-4 class not Un-Limited Class.

?

says in the FAQ listed above:

A U.S. citizen who is at least 21 years or older may also petition for

the following relatives:

• Parents;

• Brothers or sisters.

and they entered the US legally (visitors visa) - however, the overstay may cause a problem.

I-130 is a Petition so yes one can be filed, however I-485 is an APPLICATION filed by the person waiting for the approval of the I-130.

Who May File I-485

Based on an immigrant petition

You may file to adjust your status if:

A. An immigrant number being immediately available to you base on an approved immigrant visa petition.

B. You are filing this application with a completed relative petition... IF approved would make an immigrant visa number immediately available to you.

http://www.uscis.gov/files/form/i-485instr.pdf

The only class of immigrant that get a visa number immediately available to them are the UN-Limited Class (Spouse or parent, son/daughter under 21 of US Citizen) again SIBLINGS do not qualify for this and CANNOT file I-485 to adjust status.

[Bobby+Umit 161]

Ok - gotcha - thanks for the info.

[YuAndDan 153]

Ok - gotcha - thanks for the info.

Yep they have much bigger problems to deal with.

Only way I can see out of this MAY be to adjust based on marriage to a US citizen, but that may not fly either.

This is a case for a good immigrations attorney.

[dash-tx 1]

My questions still stays...

Thanks for the replies. But I'm still wondering can the I-130 be filled and after the visa number becomes available, can the I-485 be filled then and status adjusted?

Has anybody out there been on this situation before?

Thanks!

[JERIII 8]

My questions still stays...

Thanks for the replies. But I'm still wondering can the I-130 be filled and after the visa number becomes available, can the I-485 be filled then and status adjusted?

Has anybody out there been on this situation before?

Thanks!

You really need to talk to an attorney.

However, my understanding is that what you propose is not possible - IF you mean that the I-130 will be filed and the siblings will remain in the United States out-of-status until the petition is approved. Only immediate relatives of citizens can adjust status when they are out-of-status, and siblings are not immediate relatives by the definition used by the USCIS.

If you mean they the siblings will now leave the US, then they will incur a ten-year ban. After that, I don't know.