1-130 for sister who's J-1 has expired

[wildxena 0]

Hi All,

I am a USC. My little sister (24yrs old) came over to the US from Hong Kong last summer on her J-1 (internship program). Her J-1 has expired last Oct 2010 and she has been staying here with me since then. I am filing I-130 for her so she can stay here. I am confused as to what exactly I need to file if I want her to stay AND being able to work. I was told that I need to file I-130, I-485 and I-765 all at the same time to allow that to happen. Is that true or only I-130 is sufficient to start?

Can she leave the country and come back during the filing process since she is already here (cuz it will be a 10+ yr wait) but doesn't want to risk it if she cannot come back again...thoughts? She has her tourist visa.

Thank you for your advice.

[belinda63 3,041]

She needs to return to her country while she waits the 10 years or so for her visa number to become available. Just filing the 130 does not give her any status in the US. Right now (180+) she will incur a three year ban when she leaves the US, if she remains for more than a year she will incur a 10 year ban.

When her visa number becomes available she will have to return to her country for the interview to receive the visa.

[Jojo92122 1,924]

YOUR SISTER NEEDS TO RETURN HOME TO HONG KONG!!!!!

It takes 11 years for a US citizen to petition for a sibling. There is no way to skip the line by filing the I-130 and I-485 at the same time. The law does not allow a concurrent filing of the I-130 and I-485 for a sibling. Read the instructions for Form I-485. Your sister is not eligible to file Form I-485 because the I-130 petition you file for her does result in a visa number being immediately available to her. A visa number is only available to a sibling of a US citizen when the Priority Date becomes current. The current PD is Feb 2000. So a visa number is not available to her for another 11 years.

This is what is going to happen. The petition to adjust your sister's status to be a legal permanent resident will be denied. She will accumulate over 180 days of unlawful presence in the US. She will be an illegal alien in the US. She will not be able to work legally. She will be deported if caught by immigration.

You need to consult an immigration lawyer.

[aleful 1,905]

Hi All,

I am a USC. My little sister (24yrs old) came over to the US from Hong Kong last summer on her J-1 (internship program). Her J-1 has expired last Oct 2010 and she has been staying here with me since then. I am filing I-130 for her so she can stay here. I am confused as to what exactly I need to file if I want her to stay AND being able to work. I was told that I need to file I-130, I-485 and I-765 all at the same time to allow that to happen. Is that true or only I-130 is sufficient to start?

Can she leave the country and come back during the filing process since she is already here (cuz it will be a 10+ yr wait) but doesn't want to risk it if she cannot come back again...thoughts? She has her tourist visa.

Thank you for your advice.

ditto to everyone else.

she needs to return immediately. the longer she stays, the longer the ban.

she cannot adjust in country, she will go through consular processing in her country.

you can only file for her the i130, whoever told you that you could file concurrently for her is wrong. filing concurrently is only for immediate relatives. siblings are not immediate relatives and have a very long wait.