Fileing AOS while here on Tourist Visa

[Jeremy12095 8]

Hello All,

My friend wanted to know if his sister can come to the USA on a tourist visa and stay. He is a USC and he doesn't know if his sister will like it here in the USA, so he thought he could have his sister come here on a tourist visa hang out and if she likes it stay. I read something online that says this could be done in 2 steps but it didn't describe what happens in the middle.

" Get a Green Card While Inside the United States

If you are currently in the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you may be able to become a permanent resident in two steps.

• Step One – Your U.S. citizen family member (sponsor) must file the Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current. Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. citizen relative. For more information on priority dates, see the “Visa Availability & Priority Dates” page.
• Step Two – Once the priority date in your visa category is current, you may file for Adjustment of Status with Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of Status is the process you go through to become a Permanent Resident. For more information, see the “Adjustment of Status” page."

http://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-us-citizen

So basically from what I am reading is she comes here on the tourist visa if she likes it he just filed the I-130 and waits then when that is finished he applies for the I-485? Once the I-130 is approved does he immediately apply for the AOS and EAD or does he have to wait the 10 years for he priority date? So if it is 10 years she will be illegal in the USA for 10 years? this is complicated.

[Pitaya 2,577]

It's not very complicated. If she comes over on a tourist visa, with immigration intent, that is visa fraud.

http://www.visajourney.com/content/ussib

Edited April 3, 2014 by A&B

[JohnR! 5,495]

She will not be able to AOS from a tourist visa. That is only possible for immediate family, i.e. husband/wife & parents.

[belinda63 3,038]

She would have to maintain her legal status in the US during the entire 12 years or so waiting for her visa priority date to become current. If she overstays by 180 days or more she will have to wait out the ban since there is no waiver for siblings.

[Harpa Timsah 13,258]

No. For two reasons.

1. It is illegal to enter the US on a tourist visa with the intent to immigrate.

2. There is about a 10-12 year wait for sibling visa to be available, and if the sister overstays, she will be permanently ineligible to immigrate.

[Jeremy12095 8]

There's no direct intent to immigrate he's trying to convince her that the USA rocks and what not and she should live here. I don't think she's going to give up her house and stuff like that. But I was just curious on reading the USCIS instructions for Families of USC already in the USA. "If you are currently in the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you may be able to become a permanent resident in two steps"

They should be more elaborate on that one. But like I said there's really no reason for her to uproot and come here, im a USC born and raised here and I wouldn't mind living abroad actually.

Now after reading the VJ guide.. "If your sibling is legally inside the U.S. when an immigrant visa number becomes available, he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485. "

How can a sibling legally be inside the US when an immigrant visa becomes available?

Edited April 3, 2014 by Jeremy12095

[NigeriaorBust 4,087]

The reason a sibling can't do what is suggested is that from filing until a visa number is available ( and she could file AOS ) is over 12 years. Overstays are never forgiven for siblings. She can come see how the US is today , he can file the I 130 and then she can see if the US is still the same in 14 years when she can get a visa there is NO way for a sibling to immigrate in less than 12 years through a sibling petition

[Jeremy12095 8]

The reason a sibling can't do what is suggested is that from filing until a visa number is available ( and she could file AOS ) is over 12 years. Overstays are never forgiven for siblings. She can come see how the US is today , he can file the I 130 and then she can see if the US is still the same in 14 years when she can get a visa there is NO way for a sibling to immigrate in less than 12 years through a sibling petition

That is what I was trying to seek elaboration on.

Under USCIS own guides for siblings

"

Family Preference Category

If the family member of the U.S. citizen is not an immediate relative, then the U.S. citizen may still be able to sponsor them via what is called a “family preference category.” Eligible relatives include:

• Unmarried sons or daughters over the age of 21
• Married child(ren) of any age
• Brothers and sisters (if the U.S. citizen petitioner is over the age of 21)"

And then under their own guide

"

Get a Green Card While Inside the United States

If you are currently in the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you may be able to become a permanent resident in two steps.

• Step One – Your U.S. citizen family member (sponsor) must file the Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current. Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. citizen relative. For more information on priority dates, see the “Visa Availability & Priority Dates” page.
• Step Two – Once the priority date in your visa category is current, you may file for Adjustment of Status with Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of Status is the process you go through to become a Permanent Resident. For more information, see the “Adjustment of Status” page."

On their website http://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-us-citizen

It doesn't really elaborate on the process it just says if your relative is already in the country and in a preference category ( which sibling of us citizen is F4 I believe)then file I-130 and wait for the priority date to be current and apply for the I-485. I think they should spell it our a lot more than 2 steps lol.

[Boiler 45,520]

As it says - once your visa category is current.

[Jeremy12095 8]

As it says - once your visa category is current.

Exactly!

It says for relatives already in the united states and it doesn't state anything about leaving, infact it has a section for family members who are not inside of the usa.

Why would USCIS provide misleading or not totally accurate information on their "how to guides" has anyone clicked the link and read the webpage?

Get a Green Card While Inside the United States

If you are currently in the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you may be able to become a permanent resident in two steps.

It says nothing about leaving the USA and coming back when the priority date is available. It says 2 simple steps.

Edited April 3, 2014 by Jeremy12095

[Jeremy12095 8]

From the information on the website the process to get a green card for family member already in the USA doesn't involve the Department of State if they are already here.. But now for processing a green card app for family member not inside of the USA would have to go through the Department Of State for visa issuance.

"

Get a Green Card While Inside the United States

If you are currently in the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you may be able to become a permanent resident in two steps.

• Step One – Your U.S. citizen family member (sponsor) must file the Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current. Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. citizen relative. For more information on priority dates, see the “Visa Availability & Priority Dates” page.
• Step Two – Once the priority date in your visa category is current, you may file for Adjustment of Status with Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of Status is the process you go through to become a Permanent Resident. For more information, see the “Adjustment of Status” page.

Get a Green Card While Outside the United States

If you are currently outside the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you can become a permanent resident through consular processing. Consular processing is when we work with the U.S. Department of State to issue a visa on an approved Form I-130 petition when a visa is available. In this process the Department of State will issue you a visa. If approved, you may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. For information on consular processing see the "Consular Processing” page."

After reading this above section what does this make you think? This isn't something I made up or found on a 3rd party website this is the official uscis website explaining how to get a relative of us citizen to this country.

This doesn't sound right at all based on the general consensus on this form which I agree with yall. But that doesn't jibe with the above instructions?

[Boiler 45,520]

You can stay, as long as you maintain status.

How do you intend to do that?

[longtruelove 11]

I don't think your understanding the process. She can come on a tourist visa and visit. She cannot stay in the USA longer than her tourist visa expires. If someday she would like to immigrate then yea her brother can begin the process. He fills out the proper forms and then they wait in line along with the other thousands of brother and sisters that have applied before them for her turn to immigrate. http://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates

[longtruelove 11]

interesting fact "the Philippines holds the current world record as of 2013, with an approximate wait for brothers and sisters of 24 years." WOW

[NigeriaorBust 4,087]

Also on the USCIS website

Can my sibling come to the United States to live while the visa petition is pending?

There is no avenue for your sibling to enter the United States prior to immigration on the basis of a pending Form I-130. In most instances, the beneficiary of a pending or approved immigrant visa will not be eligible for a nonimmigrant visa, although certain exceptions may apply.