I-130 for a sibling that is in the US with a B2 Visa

[Cyberfx1024 7,980]

2 hours ago, SusieQQQ said:

Yes. There’s another forum I’m on where this is against the TOS, maybe something VJ needs to look into as well. Anyone posting for anyone else gets one warning then a ban.

What forum is that if you don't mind me asking? 

[kzielu 1,149]

18 hours ago, SidiBou said:

Hello,

 

I have filed for a an I-130 for my sibling who is currently in the US with a B2 visa. She is not eligible to file for Adjustment of Status yet due to the backed up priority dates.

What would be her best option to get a work permit?

Can she file for I-539 (Extend non-immigrant status) and if she gets approved can she apply for I-765 (Employment Authorization)?

Like others said - no. There has to be a basis to apply for EAD and there is none in your case.

Work visa isn't going to work either as the next batch will be given out in October and you have to maintain legal status for that.

[SusieQQQ 11,586]

3 hours ago, Cyberfx1024 said:

What forum is that if you don't mind me asking? 

It’s not an immigration one but also one where a lot of people ask advice /people look back/it gets confusing when posting for others. I can PM you the name if you’re still interested 

Edited January 30, 2019 by SusieQQQ

[nastra30 2,287]

Unfortunately, no shortcut to immigrant work permit; your sibling is looking at 14/15 years -that's the fastest way. They can explore the H1-B route but it's an employer who has to sponsor that and not family. Good luck.

[Cyberfx1024 7,980]

10 minutes ago, SusieQQQ said:

It’s not an immigration one but also one where a lot of people ask advice /people look back/it gets confusing when posting for others. I can PM you the name if you’re still interested 

Sure

[Daisy.Chain 317]

5 hours ago, CEE53147 said:

Read about H-1B visas.  That is the way to a work permit for a short period of time.

 

You cannot use filing a chain migration petition to jump the line.   There are too many already waiting patiently for their turn to get you any sympathy for her not being able to stay now.

There is such thing as a "chain migration petition". There is an I-130 Petition for Alien Relative, and there is nothing wrong with filing one legally (or morally, imho).

 

If OP is a US citizen (I can't tell based on who is using whose account) than he can legally petition for her with the I-130. If approved and the stars align (the category is available or was available when he petitioned and they allowed the petition to continue) - approximately 14 years for most countries  - the sibling could then move to the US. She will need to wait in her home country.

[Boiler 45,525]

He is one year into the process

 

She does not need to wait in her own country, just can not be in the US illegally.I have no idea what other options she has, maybe none.

 

14 years is optimistic, suggestions are due to increased number of applicants it will be much longer in the future.