Green Card revoked 6 years ago...now would like to come back to the states with family

[2long2wait 0]

HI All,

I have a situation with a family member.

Long story short: A while back in 2006 my sister decided to go back to our country (Yugoslavia) to continue and finish her studies. My sister was a green card holder before she left the states for her studies abroad. This was going to be a trip of no longer than one year, but she ended up meeting a guy while finishing her studies and she decided to overstay the one year period allowed for green card holder. She decided to come back after two years(2009) her green card was revoked at the airport. She stayed here for two months and than she flew back to be with her husband.

She married in 2011 in Yugoslavia and have been leaving there along with their little daughter. Back in 2013 my parents applied for a Visit Visa for her and her husband and their daughter and their visa was approved. They came and visited for few months and went back after that.

Now things are little worst in former yugoslavia and they have decided that it's best for their kids future to take the path and come back here and start a new life.

Family situation: Parents and I are US citizen and own houses and can fully support them.

Sister: Has changed her last name to her husband and has a daughter who was born in Yugoslavia in 2013.

Questions:

What is the best way for her to come back to the States soon as possible and reapply for the green card? Her visit visa doesn't expire until late next year (2016), is it ok if she travels back to the states with her daughter using the visit visa and over stay and start her green card process again? What are the consequences of her daughter overstaying the visit visa? Can she do the same with her husband?

Thank you very much for your time. Your answers are appreciate it .

-(remvoed)

Edited September 21, 2021 by Ontarkie
edited to removed personal information

[Foreign Fantasy 52]

The plain and simple answer everyone will give you is, NO you cannot purposefully overstay your visa, this is illegal, and will get you booted from this forum.

Someone with more experience will comment with more structured answers, but I would begin by looking at which forms you would need to fill out. I believe you yourself as a sister would not have a quick way to help them arrive, since the sister/brother bond is not a priority visa and would have to wait for one to be available.

Since your sister is also over 21, im assuming, your parents cannot file a priority visa either.

I would check this section of forums for bringing family over to begin with: http://www.visajourney.com/forums/forum/111-bringing-family-members-of-us-citizens-to-america/

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

[newacct 688]

First of all, she cannot enter on visitor visa with intention to immigrate on that trip. Second, as she is married, she is in the F3 category (married child of US citizen) if petitioned by her parents, or F4 category (sibling of US citizen) if petitioned by you, which have waits of 11 years and 12.5 years, respectively. She has to wait that long after being petitioned before she can actually immigrate (either through Adjustment of Status or Consular Processing). Also, as she is not in the Immediate Relative category, she needs to be in status if she is to do Adjustment of Status.

[lost_at_sea 995]

She would need to start a new petition (or, rather, her parents would) but since she's now married and over 21, she's no longer a first priority relative.

http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

So, she'd currently be 3rd priority (F3 - married daughter of a US citizen over 21) http://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-december-2015.html As of this month, visas are becoming available for people in this category who filed in 2004. As you can see, it'd be a very long wait.

Edited December 17, 2015 by lost_at_sea

[Hypnos 6,576]

Since your sister is married then your patents would need to file an I-130 seeking an immigrant visa under the F3 family preference.

The wait time would be approximately 11 years for her priority date to become current, and no, there is no faster way.

She can continue to visit on her tourist visa if she wishes, but obviously cannot overstay.

Edited December 17, 2015 by Hypnos

[2long2wait 0]

The plain and simple answer everyone will give you is, NO you cannot purposefully overstay your visa, this is illegal, and will get you booted from this forum.

Someone with more experience will comment with more structured answers, but I would begin by looking at which forms you would need to fill out. I believe you yourself as a sister would not have a quick way to help them arrive, since the sister/brother bond is not a priority visa and would have to wait for one to be available.

Since your sister is also over 21, im assuming, your parents cannot file a priority visa either.

I would check this section of forums for bringing family over to begin with: http://www.visajourney.com/forums/forum/111-bringing-family-members-of-us-citizens-to-america/

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

Hi FF, The reason I'm here asking these questions is to see what is the best and legal way to get them here....this forum is great before I start paying large sums of money with an attorney.

I'll go ahead and read all of the replies and research the links you have shared and will be back with more questions.

-2L2W

[Foreign Fantasy 52]

Hi FF, The reason I'm here asking these questions is to see what is the best and legal way to get them here....this forum is great before I start paying large sums of money with an attorney.

I'll go ahead and read all of the replies and research the links you have shared and will be back with more questions.

-2L2W

Good luck! I just wanted to warn you about the overstay is all. Anything else we are here for you

[NigeriaorBust 4,087]

If your sister comes and overstays she could face a ban that would keep her from getting a green card. Overstays are only forgiven for immediate relatives of USC's and married children or grandchildren are not in that class. By the time she gets to the top of the married child of USC category her child may not be able to come if they age out.

[aleful 1,905]

hi

as said, she has a very long wait, I would suggest both of you filing, since the petition filed by your parents will take over 10 years, anything can happen in those 11 years, so you can file too just as a back up plan

a person can be have more than one petition at the same time, with your petition, 12 years

they can visit but never overstay

[Cathi 5,757]

She CANNOT over stay or adjust status!!!!

[Hypnos 6,576]

She can adjust status, if she happened to be in the US when her priority date became current, entered legally, and had remained in a legal status up to that point.

[Boiler 45,558]

Just to be clear, she is still married?

[minions2 24]

your parents can petition her but its not going to be ASAP

Edited December 18, 2015 by minions2

[Boiler 45,558]

Should have mentioned there are other routes to the US beside being sponsored by Family, Work, Investment DV.

More than one way to skin a cat.

[IcezMan_IcezLady 582]

She can adjust status, if she happened to be in the US when her priority date became current, entered legally, and had remained in a legal status up to that point.

Before OP starts thinking she can adjust status right away. Let me explain Hypnos comment as it applies to OP.

OP can adjust status if she enters with valid visa and stays here legally (no overstay) until her case becomes current which is in no less than 10 years.

Or try the lottery as Boiler suggested.

No easy way out!

"Be careful when making permanent decisions to resolve temporary problems"