I-130 for sister approved

[sunstar 0]

Hi everyone , 

The petition I- 130 for my sister has been approved December 2023 ( filled OCT 2019). I-797 says she can file I-485.

Can she submit i-485 NOW, and if YES, how long does it take to approve an application, and get a green card ?

She has been in America for 16 years but without documents. Does the fact that she is already in America matter to the time she will wait for a green card?
Thank you.

[appleblossom 2,719]

5 minutes ago, sunstar said:

Hi everyone , 

The petition I- 130 for my sister has been approved December 2023 ( filled OCT 2019). I-797 says she can file I-485.

Can she submit i-485 NOW, and if YES, how long does it take to approve an application, and get a green card ?

She has been in America for 16 years but without documents. Does the fact that she is already in America matter to the time she will wait for a green card?
Thank you.

 

How did she originally enter the US?

[sunstar 0]

Originally she entered with B1/B2 Visa.

 

[belinda63 3,039]

No, her priority date must be current and she must be in status. She has long wait before her priority date becomes current so she should leave the US now so she will have her ban served out by the time it becomes current. Then she will go through consular processing. 

Edited January 3 by belinda63

[Boiler 45,693]

Which country is she from.

 

The most realistic option is to marry a USC.

[MMRF 21]

She has a 10 year ban to face for her overstay. She needs to leave now and serve it.

[Boiler 45,693]

We do not know how old she is now.

[sunstar 0]

She is 62 Years old. Bulgaria.

 

Edited January 3 by sunstar

[Boiler 45,693]

Well she is going to be in her 80;s before her priority date becomes current.

 

She can not adjust through you as she has no status to adjust from.

 

She is subkect to a 10 year ban which kicks in when she leaves.

[sunstar 0]

Thank you.