Tourist Visa then Adjustment Status

[Henny Dee 0]

Hi,

I am asking this question on behalf of my friend. My friend in Indonesia is in the process of sending I-130 to USCIS because her USC sister petitioning for her to move to U.S. My friend want to take a diploma degree and now wonder if she should apply for student visa or if she can just come to U.S in tourist visa that she already has and waiting for the approve of I-130 in U.S and then apply for I-485. I am not to clear with the process so any comments are highly appreciated.

Henny

[RhettVoe 282]

using a tourist visa to immigrate to the US is considered visa fraud.

[belinda63 3,038]

There is currently about a 12 year wait for a visa number to become available for the sister. The I-130 will be processed then sent to storage where it will wait until her priority date is almost current. It will then be sent to NVC to continue processing. If she is in the US out of status she will have to leave the country to finish processing, she cannot adjust status in the US when she is out of status.

[Henny Dee 0]

There is no purpose on doing a visa fraud at all. That's why i am asking this forum about what steps or process she should do. She want to do it 100% legal way and she want to know if she should apply for student visa while waiting for her approval on I-130 and then doing the I-485. Her english isn't good that's why she asked for my help to find out what she should do to do it the right way.

[kzielu 1,149]

There is no purpose on doing a visa fraud at all. That's why i am asking this forum about what steps or process she should do. She want to do it 100% legal way and she want to know if she should apply for student visa while waiting for her approval on I-130 and then doing the I-485. Her english isn't good that's why she asked for my help to find out what she should do to do it the right way.

If she can afford 12 years of paying for school to maintain status - may be doable. Key thing as mentioned above is - she will be doing I-485 in about 12 years for sending I-130 and have to be in status to do so.

[NikLR 13,227]

She can apply for a student visa now if she has a school she is planning on attending. She cannot adjust her status as she has no reason to do so. She has to wait until her priority date is current to move to the USA permanently.

[NigeriaorBust 4,087]

She has to be in good status on the day her priority date becomes current. If she came now and hung out until her data was current in 12 years she would have accured a 10 year ban and would not be able to adjust status or go back and get a visa from her home country. There is no fogiveness of overstay for siblings. She is looking at 12 years before she could file an I485 can she afford 12 years of being a student ?