US Citizen, Undocumented Sibling who entered on B1 Visa 3 years ago

[themudd 0]

I’m a Naturalized US Citizen. My sister and her family entered on a B1/B2 Visa 3 years ago and over stayed. 
Are there any provisions for them to gain some temporary rights during their wait for their residency after they apply?
They entered legally, are here and are waiting for their legal status to be changed. If they could have some benefit during their wait (which will be years) that would be great.

 Thanks  

Edited August 5, 2021 by themudd

[SusieQQQ 11,586]

What do you mean, they are here waiting for their legal status to be changed? On what basis? I can’t think of any basis that would allow them to adjust from an overstay - it doesn’t sound like there is anyone to petition on an IR basis and as IR cannot have derivatives, even if one of them was an IR the rest could not be. 
 

If you have petitioned her - they cannot adjust from an overstay AND will incur a ten year ban when they leave the country to get their visas (only way to get a green card on F4 if they ever overstayed) so the best advice is to leave now to work the ban out before the visas becomes available. 

Edited August 6, 2021 by SusieQQQ

[HRQX 4,145]

21 minutes ago, themudd said:

are here and are waiting for their legal status to be changed.

Which specific forms were filed and by whom? And which category?

 

Details matter for determining the applicability of the adjustment bars:

• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3
• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

[SusieQQQ 11,586]

4 minutes ago, HRQX said:

Which specific forms were filed and by whom? And which category?

 

Details matter for determining the applicability of the adjustment bars:

• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3
• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

Can you think of any category that would allow an entire family to adjust from years of overstay? I can’t 🤔

[HRQX 4,145]

2 minutes ago, SusieQQQ said:

Can you think of any category that would allow an entire family to adjust from years of overstay? I can’t 🤔

It would vary depending on the circumstances. I.e. the meaning of family could mean a female with her young child(ren) that was previously single but recently married a USC. Thus in that scenario it would be IR category AOS.

 

But odds are the adjustment bars do apply to them.

[SusieQQQ 11,586]

1 minute ago, HRQX said:

It would vary depending on the circumstances. I.e. the meaning of family could mean a female with her young child(ren) that was previously single but recently married a USC. Thus in that scenario it would be IR category AOS.

 

But odds are the adjustment bars do apply to them.

…but no IR categories would  involve a wait “which will be years” as per first post.

 

I think this is a case where they do not realize they cannot just adjust when a visa number is available, and have not taken into account the ban that will result (at least for the adults) when the family leaves. 

[arken 4,197]

1 hour ago, themudd said:

during their wait for their residency after they apply?

Seconding to above, they can't apply for AOS (GC) at all through your petition.

[Crazy Cat 41,199]

14 hours ago, themudd said:

They entered legally, are here and are waiting for their legal status to be changed.

What does this mean?  This sounds very suspicious.

Edited August 6, 2021 by Lucky Cat

[African Zealot 1,454]

Your sister and her “family” are in a royal mess. Your petition for her is not going to help her because she’s out of status. She will have to leave and incur a ten year ban or get approved for some waiver. Her minor children can leave without incurring a ban.

 

Basically my point is their path to legal status by adjustment through you is dead in the water. There are other paths like asylum, getting petitioned by a citizen spouse etc if those are applicable.

 

 

[Dashinka 24,111]

Still not enough information from the OP.  She said nothing of her parents coming, just a sister and her family (husband, kid, multiple kids, who knows).

[Ontarkie 14,133]

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[Crazy Cat 41,199]

19 hours ago, themudd said:

I’m a Naturalized US Citizen. My sister and her family entered on a B1/B2 Visa 3 years ago and over stayed. 
Are there any provisions for them to gain some temporary rights during their wait for their residency after they apply?
They entered legally, are here and are waiting for their legal status to be changed. If they could have some benefit during their wait (which will be years) that would be great.

 Thanks  

After re-reading everything, I think you either misinterpreted the law, or you received some very bad advice from someone outside VJ.  There is no legal "waiting for their residency"  after expiration of their I-94.  They are in a real mess now.  No one, here on VJ,  can advise them to remain in the US illegally.  They really need to go home, imo.

Edited August 6, 2021 by Lucky Cat

[Crazy Cat 41,199]

19 hours ago, themudd said:

Are there any provisions for them to gain some temporary rights during their wait for their residency after they apply?

No.

[Sparkle Sparkle 913]

The answer is no. your naturalization dos not include your sister and her family.