Petion filed in Nigeria, but beneficiary is now in the US on a B1/B2 Visa. Red flag???

[darmy 0]

Hi Folks,

You guys are doing a good job here and I must confess that this thread helped me a lot too when working on my green card. I can never forget VJ.

My cousin is in a state of confusion and I'd hope the VJ family would be able to help out.

Here is her case: She is from Nigeria, her aunt who is a US citizen petitioned for a green card for her. My understanding is that the petition was approved and waiting to hear back from USCIS for when they will be interviewed at the US embassy in Nigeria. Since then, they have been waiting for the USCIS to call them but they were told their number is still in line.

During this process, she had come into the US on a B1/B2 visa with her kids without any problem. Now, she is thinking of not going back home again and see if she can wait in the US for her petition number to be in line. Is there anything she could do to hasten the process since she is in the US already? Can she get a work permit pending when the petition would be approved? OR could it be a red flag if she stays here. We are just weighing her options and hoping the good people of Visa Journey would be able to advise.

Thank you all for your usual assistance.

[NigeriaorBust 4,087]

First there is no direct path for an aunt to file. Overstays are only forgiven for immediate relatives ( spouses and children of USC ) somewhere your information is wrong did her other file for her and when

[darmy 0]

Thank you for you prompt response. She told me her aunt filed for her in 2011.

[christeen 966]

There is no "niece" visa... The closest would be a sibling visa which is a 12 hear wait... So no, there is no expedite or work visa or way she can wait in the USA... She got her b1/2 visa based on the fact she would return to her country.. I suggest she does so without overstaying her visa else she voids ANY possibility of EVER visiting as a tourist again... Deciding to stay and violate her tourist visa is exactly why so many people who do,not plan to overstay get denied... There is no legal path based on her current circumstances... She must return home!

[darmy 0]

Pardon my choice of word. She is a sibling to a US citizen. Her mum is a US citizen too - though in her late 70's. In any case, I guess she can't do anything here unless she returns back to the country like you suggested.

[NigeriaorBust 4,087]

so a sibling petition takes 12 year currently, the wait changes a bit over time. There is no forgiveness of overstay so she needs to return home when her visit is over. If she doesn't push the limits of the visa she should be able to visit frequently during the long wait