Applying for green card for overstayed sibling

[nastra30 2,287]

Your sibling CANNOT live in the US and adjust through you. They are not immediate relatives. They must leave and wait 15-20 years; by then any ban would have been long gone.

 

+If they have overstayed for less than 180 days, then they should leave immediately and have any chance of being able to visit in the near future.

+If they have overstayed for more than 180 days and less than 1 year, there's automatic 3 years ban 

+If they have overstayed for more than a year, it's automatic 10 years ban.

+Any ESTA privileges are however gone forever.

Edited September 11, 2022 by nastra30

[African Zealot 1,455]

He wants to eat his cake and have it. Continue staying illegally while his petition makes its way through the system then voila when it’s well cooked he goes back home for it quickly.

 

Sorry, no free lunch for non-immediate relatives. He’s looking at a solid 15 years outside the good ole USA 🇺🇸.

 

All the best.

[Lil bear 4,227]

59 minutes ago, clark83 said:

That is what I am worried about. He would like to stay, he does not want to leave our family for such a long time  

Thank you!

Too late for that now. Doesn't matter what he does or does not want. He triggered these consequences when he made the decision to overstay. Reality check needed 

[Bob in Boston 717]

3 hours ago, clark83 said:

Does anyone have an experience with this situation: sibling overstayed visitor visa and I would like to apply for a family based green card for him. Is this possible or will he get rejected and subjected to removal?

What everyone is trying to say is: You cant adjust status of a sibling, You have to file an I130 and wait for their priority date to be current which is in about 15 Years. He cannot sit here in the states and wait for that date. He will have a Ban to serve and he can do that while waiting for his dare to become current. If he does stay in the states he will NEVER be able to get his green card as you need to be in status to get it. Only ones that can adjust from visitors are spouses and parents of US Citizens. Siblings need to wait in their home country.

[SalishSea 17,842]

9 hours ago, clark83 said:

Thank you!

Do you happen to know what happens if I apply for the I-130 for him after he has overstayed his visitor visa? Is there any chance he will not get rejected and deported?

I don't think you understand that he cannot stay in the US.  He needs to leave NOW.  You can petition him now, and a family preference visa will be available to him in 20 years.

 

Overstaying was not smart.   Had he followed the terms of his visitor visa, he could have visited while waiting for an immigrant visa to be available.

[Visitor User 253]

245i and/or I-601A can’t apply? What about DACA?

Edited September 12, 2022 by Visitor User

[clark83 5]

2 hours ago, Visitor User said:

245i and/or I-601A can’t apply? What about DACA?

Thank you! This gives us a small hope ❤ 

He does not qualify for 245i or DACA, but maybe the I-601A. I wonder if anyone had any luck with it yet?

Thank again.

[Unlockable 7,314]

2 hours ago, clark83 said:

Thank you! This gives us a small hope ❤ 

He does not qualify for 245i or DACA, but maybe the I-601A. I wonder if anyone had any luck with it yet?

Thank again.

Hi,

 

I want to give you a little advice because I am seeing a pattern that happens a lot on this board with people who have situations with difficult circumstances. While it is good to have hope please do not use that hope to ignore advice and give yourself unrealistic expectations.. There have been numerous posts made in this thread by very experienced members of VJ (some have been on here for years) and they are all telling you the same thing....your brother can not stay in the US while you file the I-130 for him. He is just not eligible to adjust status through you. If it was a spouse of a parent, it would be a different story. What we often see is people wanting something so bad they gloss over the numerous advice of experienced members only to latch on to a tiny Hail-Mary suggestion (which often is not feasible) that they think will change the result.
 

An I-601A would be a futile attempt. But to give you an idea of how the process goes, let me give you an overview of the challenges. First, siblings are not immediate relatives in the eyes of US immigration. This has been stated several times already. So that means a visa will not be available for your brother for a number of years. It will take 15 to 20 years before a visa becomes available for him. Next, your brother would still have to leave the US to interview for the visa. Visas are given outside the US, not inside. And once he leaves, his 10 year ban would immediately begin. Now, if you think he can do the other option and adjust status so he can stay here, unfortunately no. He can not adjust status through you. Spouses, minor children, and parents can adjust through you, but not your siblings (for now).

I think the best path forward is for you and your family to accept that your brother can not stay here the way you would like. Him overstaying was a big mistake and he must accept the consequences. If he does not want to be separated from family he could have just kept is visitor visa and kept visiting the US until he qualified under the F4 category to move here.
 

You can consult an immigration attorney if you deem necessary. But you have gotten all the proper advice you can get in this situation.

 

 

 

4 hours ago, Visitor User said:

245i and/or I-601A can’t apply? What about DACA?

 

I think those options would have been mentioned already if they were feasible. Now it is getting to the point where the phrase "throwing things against the wall to see what sticks" comes in handy.  The OP was given proper advice and that means there is no path for their brother through them. Sometimes this is what it is. 

[nastra30 2,287]

Op, I believe at this point you have made up your mind that your brother will stay in the US illegally. However, if you are looking for people on this site to rubber stamp your brother staying illegally in the US for 15-20 years while finding a way to try and beat the system, I'm sorry it's not going to happen on this site. You are on your own.

[Crazy Cat 41,898]

5 hours ago, clark83 said:

Thank you! This gives us a small hope ❤ 

He does not qualify for 245i or DACA, but maybe the I-601A. I wonder if anyone had any luck with it yet?

Thank again.

No..  You have been told over and over.  He can NEVER adjust status through you if he has EVER overstayed in the US. 

[clark83 5]

Thank you all for your answers. I don`t need any more. I would like to delete this post but I can`t, so please I don`t need any more answers. 

[Crazy Cat 41,898]

25 minutes ago, clark83 said:

Thank you all for your answers. I don`t need any more. I would like to delete this post but I can`t, so please I don`t need any more answers. 

One last thing.  If he has not yet overstayed, it is extremely important that he leave the US before the expiration of his stay.  Otherwise, he might have a difficult time visiting the US again during the I-130 process.  

[kzielu 1,149]

7 hours ago, clark83 said:

Thank you! This gives us a small hope ❤ 

He does not qualify for 245i or DACA, but maybe the I-601A. I wonder if anyone had any luck with it yet?

Thank again.

He cannot. Sibling is not a qualifying relative to file a waiver in the first place. 

[Crazy Cat 41,898]

3 minutes ago, kzielu said:

He cannot. Sibling is not a qualifying relative to file a waiver in the first place. 

In addition, there is no waiver for lack of visa number availability. 

Edited September 12, 2022 by Crazy Cat

[Ontarkie 14,234]

~~Thread locked as requested by the OP~~