Adjustment of status for my autistic dependent sister

[mrscrockett 0]

I am filing for both parents and my autistic sister. My parents and I fully care for my sister (over 21 years of age). I have already filed i130 for both parents and my sister. Should I wait until my parents get their green card first and then they take over filing for my sister - Will this be quicker? Or is there any process for dependent siblings over 21 with special needs or siblings with parental guardianship? Please help!

[Crazy Cat 41,983]

27 minutes ago, mrscrockett said:

Should I wait until my parents get their green card first and then they take over filing for my sister

One of them will have to file a new I-130 for her after entering the US via an immigrant visa. She will have to remain unmarried.  It will be several years before sister can immigrate to the US through your parents.

Through you, as a sibling, it would take 20+ years.

Edited July 12 by Crazy Cat

[mrscrockett 0]

17 hours ago, Crazy Cat said:

One of them will have to file a new I-130 for her after entering the US via an immigrant visa. She will have to remain unmarried.  It will be several years before sister can immigrate to the US through your parents.

Through you, as a sibling, it would take 20+ years.

Sigh….Thank you!

[SalishSea 17,970]

On 7/12/2024 at 11:59 AM, mrscrockett said:

I am filing for both parents and my autistic sister. My parents and I fully care for my sister (over 21 years of age). I have already filed i130 for both parents and my sister. Should I wait until my parents get their green card first and then they take over filing for my sister - Will this be quicker? Or is there any process for dependent siblings over 21 with special needs or siblings with parental guardianship? Please help!

What do you mean adjustment of status?   Where is the sister now?

[mrscrockett 0]

13 hours ago, SalishSea said:

What do you mean adjustment of status?   Where is the sister now?

She is here in the US.

Edited July 15 by mrscrockett

[SalishSea 17,970]

1 hour ago, mrscrockett said:

She is here in the US.

She has no basis to adjust though.   She will accrue an overstay, which is a bar to adjustment.

[Crazy Cat 41,983]

1 hour ago, mrscrockett said:

She is here in the US.

Your parents and sister are here in the US?  How did they enter the US?

If they are all inside the US, your parents need to file I-485 packages.  However, your sister cannot do so.  

Edited July 15 by Crazy Cat

[SalishSea 17,970]

OP, if your sister needs 24/7 care, they should all go home and be petitioned properly for immigrant visas.   Otherwise she risks deportation and a bar.

[Crazy Cat 41,983]

***Moved to Adjustment of Status from Work, Student, or Tourist Visas***