Fileing AOS while here on Tourist Visa

[Soul Froosh 31]

Even though it can't be done (for other reasons pointed out) there's no real issue of intent here.

As our lawyer pointed out, it is perfectly acceptable (in the case of romantic relationships) to come in on a tourist visa even with previous discussion of possible marriage and later perhaps staying -- but having made no firm plans of intent. In my case I had no intent of immigrating on arrival. I just wanted to spend time with my girlfriend, see how the relationship progressed, all the while understanding that perhaps at the end of my stay I wouldn't want to leave her.

We aren't robots that need to have everything painted in black & white, or to be defined by rules that can't actually be proved to have been broken. We're humans with decisions, choices, emotions, and a freedom to visit loved ones. Sometimes things change and we have a change of heart.

This is mostly irrelevant to the OP's question since the sibling can't immigrate anyway.

[emelielindgren 3]

I'm really confused on what you don't get and why you are trying to convince that it would work.. The only time, one and only time you could come here on a tourist visa is if a family based visa would be available imidatly, which is not the case here. No loop holes. I can't be done. Student visa is the only visa she could obtain to stay here for any longer period of time.

[aaron2020 11,651]

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?

Hi,

The above instructions are not bad or wrong. You are ignoring several important parts which I have highlighted.

The beneficiary must have a current Priority Date to "get a green card while inside the US." That is clear from what you posted. It takes 12 years for a sibling's PD to be current. A tourist visa does not make the PD become current.

For those getting a green card while outside the US, the beneficiary as to be from of the specified categories. Siblings are not one of the specified categories.

Best of luck, but there is no short cut for a sibling to immigrate to the US. If there was, no one would have his/her brother wait for up to 24 years outside the US when a tourist visa would shorten that wait to nothing with a tourist visa. There would be a rush for siblings all over the world to apply for tourist visas, overwhelm the visitor visa system, and try to get here faster. It's just not going to happen.

Good luck.

[Jeremy12095 8]

I guess I was reading in to it too literally. Considering they have it split in 2 sections about Getting the green card while in the usa and while your out of the usa. If a sibling couldn't maintain their legal status for 12 years other than say on a student visa then how come even list the first section. I don't even know what kind of degree that would take 12 years. Why not just have list getting a green card outside of the country, I don't understand why they would even waste their time to list the section on Green Card while inside the United States if it wasn't possible.

[aaron2020 11,651]

I guess I was reading in to it too literally. Considering they have it split in 2 sections about Getting the green card while in the usa and while your out of the usa. If a sibling couldn't maintain their legal status for 12 years other than say on a student visa then how come even list the first section. I don't even know what kind of degree that would take 12 years. Why not just have list getting a green card outside of the country, I don't understand why they would even waste their time to list the section on Green Card while inside the United States if it wasn't possible.

Hi,

You are not understanding the situation correctly. It's not that you are reading it "too literally." It is because you are ignoring the details that qualifies a person to adjust to get a green card from inside the US.

The requirement is a current Priority Date.

People can get their green cards while applying for AOS inside the US when their Priority Date is current.

You are not getting that it is 100% possible to AOS with a current PD to get a green card inside the US.

The problem for your friend is that when a USC petitions for a sibling, the wait for a current PD is at least 12 years.

For example: Your friend files an I-130 for his sister. If she is legally in the US in 12 years when her PD becomes current, then she can adjust to get a green card. Because her PD will not be current when she visit later this year or next year, she cannot adjust.

It's really this simple: Current PD when inside the US = then can AOS to get a green card from inside the US. No current PD when inside the US = then can not AOS for a green card.

This requirement for a current PD to adjust to get a green card is in what you posted, so I don't understand why you continue to be confused.

You do know that a current PD is required for a family preference category beneficiary to qualify for a green card right?