Siblings Petitions

[OnAJourney 3]

Are the siblings petitions still taking 10+ years? If a sibling comes to the US on a visit visa, can an adjustment of status be filed or no? 

[payxibka 10,045]

Just now, OnAJourney said:

Are the siblings petitions still taking 10+ years? If a sibling comes to the US on a visit visa, can an adjustment of status be filed or no? 

10 or more and no they cannot 

[Boiler 45,525]

Nearer 20 if you file now, when did you file?

[OnAJourney 3]

I have not filed. My brother-in-law would like to file for his brother but they also have a visitor visa to come visit. 

[Boiler 45,525]

Reasonable assumption would be that his PD will be current c 2040. Assuming BIL files soon.

[SusieQQQ 11,586]

You can’t file adjustment of status unless priority date is current. At the moment the current priority dates for most F4s is early 2007, with 2004 for India and 1997/98 for Mexico and Philippines. 

So there is no way that your BIL’s brother and family are going to be adjusting any time soon if he hasn’t even filed for them yet... even if they have a  brand new 10 year multiple entry B it’s not going to last long enough for them to try! (And of course, entering on a B visa with intent to adjust is immigration fraud.)

Edited November 20, 2019 by SusieQQQ

[aaron2020 11,651]

Sibling petitions are taking from 14-24 years depending on the country.

 

There is no skipping of the wait.  Everyone waits.

 

First, it's immigration fraud to use a nonimmigrant visa to enter the US with the intent to adjust status.  Preconceived intent could be a reason to deny the adjustment.  

Second, the beneficiary has to have a current Priority Date in order to qualify to adjust status.  So no skipping the line. 

[OnAJourney 3]

9 minutes ago, SusieQQQ said:

You can’t file adjustment of status unless priority date is current. At the moment the current priority dates for most F4s is early 2007, with 2004 for India and 1997/98 for Mexico and Philippines. 

So there is no way that your BIL’s brother and family are going to be adjusting any time soon if he hasn’t even filed for them yet... even if they have a  brand new 10 year multiple entry B it’s not going to last long enough for them to try! (And of course, entering on a B visa with intent to adjust is immigration fraud.)

That's not even the intent, they are aware that there's a long wait and hence are in no hurry to even migrate really. My BIL was just wondering if that's even an option, which clearly it isn't. 

 

6 minutes ago, aaron2020 said:

Sibling petitions are taking from 14-24 years depending on the country.

 

There is no skipping of the wait.  Everyone waits.

 

First, it's immigration fraud to use a nonimmigrant visa to enter the US with the intent to adjust status.  Preconceived intent could be a reason to deny the adjustment.  

Second, the beneficiary has to have a current Priority Date in order to qualify to adjust status.  So no skipping the line. 

Sibling petitions have for decades taken decades lol. 

[aaron2020 11,651]

1 minute ago, OnAJourney said:

 

 

Sibling petitions have for decades taken decades lol. 

And still your BIL though he found a secret way to adjust status from visitor visas to bypass waiting a decade.  lol

[OnAJourney 3]

3 minutes ago, aaron2020 said:

And still your BIL though he found a secret way to adjust status from visitor visas to bypass waiting a decade.  lol

No, not really. One of his friends from China had adjust the status of his parents when they'd come to visit so he thought the same could be done for siblings. 

 

Not every country is able to get visitor visas to the US so easily, hence the question of - if adjusting status was an option then why do people even have to wait for decades lol. 

[aaron2020 11,651]

1 minute ago, OnAJourney said:

No, not really. One of his friends from China had adjust the status of his parents when they'd come to visit so he thought the same could be done for siblings. 

 

Not every country is able to get visitor visas to the US so easily, hence the question of - if adjusting status was an option then why do people even have to wait for decades lol. 

He was able to adjust because he had a current PD.

Yeah - if people were able to skip the decade wait by getting a visitor visa - then the system would truly be broken.  Logic dictates then that would not be allowed.  

[geowrian 22,337]

Very long wait...~115-30 years depending on country.

Cannot use a tourist visa as a means to immigrate...that would be fraud. People already in the US have different options available to them if they meet certain criteria, but that does not apply here anyway.

[SusieQQQ 11,586]

15 minutes ago, OnAJourney said:

No, not really. One of his friends from China had adjust the status of his parents when they'd come to visit so he thought the same could be done for siblings. 

 

Not every country is able to get visitor visas to the US so easily, hence the question of - if adjusting status was an option then why do people even have to wait for decades lol. 

Parents are immediate relative (IR) category so (1) don’t have a priority date, visas are always available (2) any misrepresentation on entering in tourist status and indeed any other violation of status is “overlooked” on adjustment. F-category visas are treated very differently, and they can be denied and potentially face a ban if they misrep and enter on a tourist visa with intent to adjust (which is what you asked about). 

[geowrian 22,337]

2 minutes ago, SusieQQQ said:

(2) any misrepresentation on entering in tourist status and indeed any other violation of status is “overlooked” on adjustment.

I disagree. Intent alone is not a basis for denial in that case, but misrepresentations still apply.

[SusieQQQ 11,586]

4 hours ago, geowrian said:

I disagree. Intent alone is not a basis for denial in that case, but misrepresentations still apply.

I’m happy to hear that, but have never heard anyone actually mention a case where an IR got denied for this.