Jump to content
DavidArri

USC petitioning sister

By DavidArri in Bringing Family Members of US Citizens to America

 Share

20 posts in this topic

Recommended Posts

DavidArri Newbie

DavidArri   0

Posted
Filed: Other Country: Mexico
 Timeline
Posted

Please help

Hello, I'm a 40 yrs old American Citizen living in US, my question is can I file an I-130 to petition my sister that lives in US but overstay her tourist visa? She came in 2001 with legal entry and as I said using a tourist visa and her permit I-94 (both expired but on hand)

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

This is an unfortunate situation.  Petitioning for a sibling does not result in an ability to adjust status while inside the USA.  Current petition wait times for a sibling is more than 6 years.  She will have to leave the USA to do this, since she has accumulated 16 years of overstay the moment she leaves she will be given a lifetime ban

YMMV

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

yes you can file, but she won't be able to get a GC

 

siblings can't adjust status in the US, she would have to leave now, since the wait is over 13 years, the ban will be up after 10 years

 

that would be the only way

 

 

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
Quote
Quote
44 minutes ago, payxibka said:

Current petition wait times for a sibling is more than 6 years. 

19 minutes ago, aleful said:

she would have to leave now, since the wait is over 13 years

 

 

 

 

 

OP is from Mexico. The wait for siblings from Mexico is over 20 years and rising. Aside from the fact that the sister now has a ban....

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

sorry I didn't realize she was from Mexico

 

she can leave or in a few years, and depending her age, apply in 10 years, and then the ban would be up

 

the thing is that she has to leave, and be in her country for over 10 years

 

now, if she is a lot older, than it's not worth it, if she's young, 20 years go by fast

 

 

Boiler Grand Master

Boiler   46,125

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)
58 minutes ago, DavidArri said:

Please help

Hello, I'm a 40 yrs old American Citizen living in US, my question is can I file an I-130 to petition my sister that lives in US but overstay her tourist visa? She came in 2001 with legal entry and as I said using a tourist visa and her permit I-94 (both expired but on hand)

You can file an I 130

 

Takes say 20 ish years? Difficult to say.

 

She can not adjust in country, will need to interview in her Home country triggering a 10 year bar.

 

She would need a waiver for the bar, assuming she has not left ten years prior, which would be something a qualify relative could file.

Edited by Boiler
Oops Mexico

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
54 minutes ago, payxibka said:

This is an unfortunate situation.  Petitioning for a sibling does not result in an ability to adjust status while inside the USA.  Current petition wait times for a sibling is more than 6 years.  She will have to leave the USA to do this, since she has accumulated 16 years of overstay the moment she leaves she will be given a lifetime ban

There's no lifetime ban for overstay. It would be a 10 year bar form the moment she leaves.

 

A hardship waiver is available (I-601, or I-601A is available if still in the US), but showing a significant and qualifying hardship to the petitioner for a sibling would be difficult IMHO. But that's a discussion to be had in ~20 years, which could be a vastly different immigration landscape than right now (assuming the sibling category even remains).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
42 minutes ago, geowrian said:

There's no lifetime ban for overstay. It would be a 10 year bar form the moment she leaves.

 

A hardship waiver is available (I-601, or I-601A is available if still in the US), but showing a significant and qualifying hardship to the petitioner for a sibling would be difficult IMHO. But that's a discussion to be had in ~20 years, which could be a vastly different immigration landscape than right now (assuming the sibling category even remains).

Correct.  At 20 years for an available visa number, it might as well be a lifetime....  

YMMV

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Help your sister find a spouse to marry!!! That is her best chance! being here since 2001, i am surprised she had not fallen in love yet! i would say that she needs to go on tinder, match ect and find a USC to marry.  the wait is 10 years to petition for a sibling and i am sure she has a better chance of falling in love during that 10 years.

 

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
9 minutes ago, caliliving said:

the wait is 10 years to petition for a sibling and i am sure she has a better chance of falling in love during that 10 years.

 

It's actually more than 20 years fir a sibling from Mexico. 

 

Maybe she's already married? 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
Just now, JFH said:

It's actually more than 20 years fir a sibling from Mexico. 

 

Maybe she's already married? 

oh damn! i had no idea!!!

 

well i assume the OP came here as a tourist and found love and married so i assume the sister could do the same thing.  

Springrain22 Community Regular

Springrain22   427

Posted
Filed: IR-1/CR-1 Visa Country: Belarus
 Timeline
Posted
2 hours ago, caliliving said:

Help your sister find a spouse to marry!!! That is her best chance! being here since 2001, i am surprised she had not fallen in love yet! i would say that she needs to go on tinder, match ect and find a USC to marry.  the wait is 10 years to petition for a sibling and i am sure she has a better chance of falling in love during that 10 years.

 

Marrying someone just to adjust her status will be an immigration fraud. People should be married for love, not for documents. Do not suggest anything to commit a fraud.

Boiler Grand Master

Boiler   46,125

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
9 minutes ago, Springrain22 said:

Marrying someone just to adjust her status will be an immigration fraud. People should be married for love, not for documents. Do not suggest anything to commit a fraud.

That was not suggested.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

CEE53147 Rising Star

CEE53147   559

Posted
Filed: Other Timeline
Posted
3 hours ago, caliliving said:

Help your sister find a spouse to marry!!! That is her best chance! being here since 2001, i am surprised she had not fallen in love yet! i would say that she needs to go on tinder, match ect and find a USC to marry.  the wait is 10 years to petition for a sibling and i am sure she has a better chance of falling in love during that 10 years.

 

 

I am sure the person sis gets married to would love to know the real reason for the relationship.  Marriage only for a green card is fraud. 

1 hour ago, Boiler said:

That was not suggested.

 

Yes, that was the advice.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...