VERY tough situation - filing for siblings

[APGG94 35]

I have a big dilemma and I would really appreciate some grace amidst the blunt responses I’m already expecting. I know this situation is not at all easy and might lead to a dead end but the least I can do is try. 
 

I am a permanent resident, planning to apply for citizenship next year. You can check my timeline but long story short I was on a student visa and got married, then adjusted my status. Husband and I just bought our first house. 

 

Here’s the sticky situation: my 3 siblings were brought to the US on tourist visas by my dad and left with my grandmother. They were all under the age of 18. My grandmother put two of them into public school. She claimed that she was applying for “their papers” but refused to give anyone information about what exactly she did. Nothing came of it. At the time I was living with a friend in my home country. I moved to Texas for school but my siblings are in New York. 
 

It’s been 7 years and 2 of the 3 are now over the age of 18 and can’t work or go to school. They’re completely helpless and I do what I can to help them out but they depend on my grandma for everything. Up until now I really had no idea what to do to help. 
 

Does anyone think it would be possible for me to sponsor them? Can they adjust status after being out of status for this long? Would I be able to sponsor them from a different state?
 

I know I will def need a lawyer for this case but any advice would help. I’m trying to be a big sister considering our parents failed us. 

[Lucky2Lucky 2,526]

First off as a permanent resident you can’t do anything. A citizen can sponsor their siblings. I’m unsure if siblings can adjust status or if they have to leave when the i130 is pending but hopefully someone can answer. Have you looked at USCIS ? Here is one link https://www.uscis.gov/sites/default/files/document/guides/A1en.pdf Are any parents in the US?

[designguy 1,179]

once you are a citizen you can sponsor them but it will take about 15 years before their priority dates become current. There is nothing much you can do as a sibling in the near future and a lawyer cant really help here

[designguy 1,179]

13 minutes ago, Luckycuds said:

I’m unsure if siblings can adjust status or if they have to leave when the i130 is pending

Quote

An alien is barred from adjustment of status if the alien is in an unlawful immigration status on the date of filing the adjustment application. ^[1] This bar to adjustment does not apply to: 

• Immediate relatives; ^[2] 

• Violence Against Women Act (VAWA)-based applicants;

• Certain alien doctors and their accompanying spouse and children; ^[3] 

• Certain G-4 international organization employees, NATO-6 employees, and their family members; ^[4] 

• Special immigrant juveniles; ^[5] 

• Certain members of the U.S. armed forces and their spouses and children; ^[6] or

• Employment-based applicants who meet the INA 245(k) exemption.

F4s can not adjust status if they are not in lawful status

[APGG94 35]

19 minutes ago, Luckycuds said:

First off as a permanent resident you can’t do anything. A citizen can sponsor their siblings. I’m unsure if siblings can adjust status or if they have to leave when the i130 is pending but hopefully someone can answer. Have you looked at USCIS ? Here is one link https://www.uscis.gov/sites/default/files/document/guides/A1en.pdf Are any parents in the US?

No parents in the US. Thank you for your response!

3 minutes ago, designguy said:

F4s can not adjust status if they are not in lawful status

Thank you for your response. So adjustment is out of the question...

[APGG94 35]

9 minutes ago, designguy said:

once you are a citizen you can sponsor them but it will take about 15 years before their priority dates become current. There is nothing much you can do as a sibling in the near future and a lawyer cant really help here

But they won’t be able to get an EOD in the meantime correct? I’ll more or less have to support them financially until then?

[Lil bear 4,188]

4 minutes ago, APGG94 said:

 So adjustment is out of the question...

Yes it is. You siblings are in a very difficult situation. 😢

2 minutes ago, APGG94 said:

But they won’t be able to get an EOD in the meantime correct? I’ll more or less have to support them financially until then?

They are not in legal status. They cannot stay legally in the US. They will have to leave the US to interview and when they leave they will then incur a ban .., 

Edited August 22, 2020 by Lil bear

[designguy 1,179]

1 minute ago, APGG94 said:

But they won’t be able to get an EOD in the meantime correct? I’ll more or less have to support them financially until then?

Do you mean an EAD? No they wont and they will spend the next 15 years at risk of deportation. Then if the petition is approved they will have to leave the country anyways and will have an automatic ban

[APGG94 35]

1 minute ago, Lil bear said:

Yes it is. You siblings are in a very difficult situation. 😢

They are not in legal status. They cannot stay legally in the US. 

Thank you. Is their only option to leave and face the 10 year ban?

[APGG94 35]

Just now, designguy said:

Do you mean an EAD? No they wont and they will spend the next 15 years at risk of deportation. Then if the petition is approved they will have to leave the country anyways and will have an automatic ban

This is the worst. Thank you for clarifying and yes I meant an EAD. Would all this still apply for my brother? He’s 15. 

[Lil bear 4,188]

Just now, APGG94 said:

Thank you. Is their only option to leave and face the 10 year ban?

Yes 

[APGG94 35]

Just now, Lil bear said:

Yes 

Thank you. 

[designguy 1,179]

Just now, APGG94 said:

This is the worst. Thank you for clarifying and yes I meant an EAD. Would all this still apply for my brother? He’s 15. 

No the 15 year old has not accrued unlawful presence so he would have no ban

Best is you petition now and they leave now and then by the time the petition is approved, their ban should be over

[APGG94 35]

12 minutes ago, designguy said:

No the 15 year old has not accrued unlawful presence so he would have no ban

Best is you petition now and they leave now and then by the time the petition is approved, their ban should be over

Alright. Would my brother be able to adjust status? I’m not sure what would be the best route for him but I’m willing to try whatever I can. 

[designguy 1,179]

3 minutes ago, APGG94 said:

Alright. Would my brother be able to adjust status? I’m not sure what would be the best route for him but I’m willing to try whatever I can. 

no he wouldnt sorry