What is the fastest way to get my sister petitioned? She's over 21, my parents and I are GC holders except my brother is a citizen.
She is already here in the U.S. with an expired b1 visa. All i think we can do is file a petition and just wait right?
any input would be great.

Neither you or your parents can petition your sister, since there is no visa category for LPRs and their siblings. Only your brother can do it since he is a US citizen. However the wait now is over 10 years for a visa number for siblings so all this time your sister will be out of status if she stays in the US.

And she can not adjust in the US, and once she has been here for more than 6 months beyond her return date she will also have a ban to serve.

She has to go home...and Im assuming shes not married, then the fastest way is for your mother to petition her... She will be under F2B category.. If you are neither from China, India or Philippines the current (aug2008) priority date for F2B beneficiaries is Nov1, 1999.... That means approx 10yrs of wait... I am a beneficiary of an approved petition through my mother.. My mother filed the petition when I was 17, thus I was under Category F2A... However, I fell under category F2B by the time my priority date became current and eligible to adjust status... Its a lot of patience...Luckily i was able to get a US employer that sponsored me to work here on H1B visa... So, I was on H1B visa while waiting for my priority date to become current.... So my wait was eleven long years! Yup! 11 years before i got to adjust status to become a permanent resident! So, its a choice your family has to make.. your mother can file the petition now or maybe your sister can find a US employer that will petition her... Good luck!

Thats not true! i am a living example and many others out there who is a beneficiary of an approved petition filed by a parent (in my case my mother) who is a lawful permanent resident of the US... Please do not post something that can mislead people. Thank you...

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Neither you or your parents can petition your sister, since there is no visa category for LPRs and their siblings. Only your brother can do it since he is a US citizen. However the wait now is over 10 years for a visa number for siblings so all this time your sister will be out of status if she stays in the US.
[/quote]
Thats not true! i am a living example and many others out there who is a beneficiary of an approved petition filed by a parent (in my case my mother) who is a lawful permanent resident of the US... Please do not post something that can mislead people. Thank you...
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Please show me on I-130 a choice for LPR petitioning for a child over 21 or sibling. If you were under 21 then it was possible, however in this case the beneficiary is over 21.

You're wrong. Unmarried sons & daughters (21 years old and over) of Permanent Residents are eligible to receive immigration visas under the Family Sponsored Preference 2B category.


[/quote]

Neither you or your parents can petition your sister, since there is no visa category for LPRs and their siblings. Only your brother can do it since he is a US citizen. However the wait now is over 10 years for a visa number for siblings so all this time your sister will be out of status if she stays in the US.
[/quote]
Thats not true! i am a living example and many others out there who is a beneficiary of an approved petition filed by a parent (in my case my mother) who is a lawful permanent resident of the US... Please do not post something that can mislead people. Thank you...
[/quote]

Please show me on I-130 a choice for LPR petitioning for a child over 21 or sibling. If you were under 21 then it was possible, however in this case the beneficiary is over 21.
[/quote]

Quickest way is for her to snag a guy, marry and adjust status.

Please show me on I-130 a choice for LPR petitioning for a child over 21 or sibling. If you were under 21 then it was possible, however in this case the beneficiary is over 21.
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Read the instructions on who can file I-130

How long was your process and were you in the US during that time?

Diana

You are kidding, right?

Sounds the most sensible solution to me.

And will not be the first.

See the link Attached

http://www.uscis.gov/files/article/B1.pdf
I AM A PERMANENT RESIDENT HOW DO I:
Who are the relatives that I may petition for?
Any permanent resident can file a petition for the following
relatives:
• Husband/wife; and
• Unmarried child(ren), regardless of age.

It will take a LONG time BUT it can be done.......................

Happens all the time.

oh! it toooook forever! LOL My mom filed the petition in 1997 here in the US but I was in the Philippines and the I-130 got approved in a month.... the real wait starts after the approval and waiting for priority date to become current... I was under 21 (17 at that time) when the petiton got approved (F2A) but my priority date only came out this May 2008.. Basically my category already fell under F2B (unmarried child above 21) category! SO in other words, i still dont have my greencard... ... total wait before I was able to adjust status - 11 years!!! Im telling you it was soooo surreal filing the application to adjust status... See the thing is Philippines' visa availability has quota and bizzare as this may sound but the Priority date for F2 category (unmarried child of an LPR) moves quicker than children of naturalized parents... So im still waiting for my greencard but now the burden is not as much as before when the wait seems not to end..

lets keep em coming. . THANKS for all the replies. .

Oh I see, you were still in the Philippines. I thought you were here throughout the whole process and were able to adjust status without a problem. The reason I assumed that was because the OP said her sister is already in the US so in her case, the sister will have to go back to her home country and wait at least 11 years like you did.

Thanks!

Diana

I came here in 2001 but was lucky to get an employer that spnsored me on H1 so I remained is status... However if I overstayed here after my B1 visa expired I could still have taken advantage of the 245i and just pay the $1000 penalty for being here "illegally" ...

Which sort of explains why it is so hard to get a Visitor Visa from the Phillipines.

LOL!!!

Diana