Have to leave the country?

[Tatiana79 0]

I am a us citizen and want to file a petition for my sister. My question is that she lives in the United Stated illegaly and I need to know if once I file if she will have to leave the United States at all. She arrived illegaly since 1989 and has never left. Could someone help with some information... Thanks.

[nickbits 43]

I believe she has to leave the us for you to file a petition and I believe she is also banned for 10yr once she returns.

Edited December 28, 2010 by nickbits

[Mike&Cherry 45]

Basically once you file the petition she will be on the US Government's radar and will attract them. Once she leaves the US she will get a 10 year ban for sure. Nothing you can really do to get around the 10 year ban other than amnesty, which is basically impossible. You could get a lawyer but they will tell you the same thing. Good luck on your decision.

[Brother Hesekiel 2,236]

I am a us citizen and want to file a petition for my sister. My question is that she lives in the United Stated illegaly and I need to know if once I file if she will have to leave the United States at all. She arrived illegaly since 1989 and has never left. Could someone help with some information... Thanks.

Just to be sure: "illegal" means she arrived without a visa, without being inspected, (EWI), totally under the radar, either in the trunk of a car, or by climbing over a fence or swimming through the Rio Grande, which implies that the US Government knows nothing about her, other than the paper trail she left by simply living in the US.

If that's the case, she will have to leave the US at which time she will trigger a 10-year bar from returning. There is a waiver for that, the I-601, but it is extremely difficult to get.

All of this only applies if she is at least 18-1/2 years old. If she is younger than that, there will be no bar for overstay triggered when she leaves!

Edited December 28, 2010 by Just Bob

[YuAndDan 153]

On note Family fourth pref visa numbers can take upwards of 10 years or more to get for most countries, so in this case if sister leaves the USA more than likely will have served the 10 year bar by the time the visa petition gets a visa number.

But yes, would have to interview for a visa in foreign country, a sibling cannot adjust status based on visa petition filed by a sibling.

If they entered the USA legally, one possibility would be marriage to a US citizen and adjusting that way, sister would need to provide evidence of legal entry.

[Tatiana79 0]

Thanks you all for your information. We had heard of the ten year ban but we were not sure if it was still in effect. She also has 2 children ages 8 who were born here in the united states...Im thinking it might be better for her to wait for them to petition her?

[milimelo 4,544]

Thanks you all for your information. We had heard of the ten year ban but we were not sure if it was still in effect. She also has 2 children ages 8 who were born here in the united states...Im thinking it might be better for her to wait for them to petition her?

Not really - USC - sibling petition usually around 8 yrs (unless she is from Mexico and Philippines then longer), for children to sponsor her they have to be at least 21 yrs old - so longer wait time.

Weigh the pros and cons on each side and decide.

[Jojo92122 1,924]

Thanks you all for your information. We had heard of the ten year ban but we were not sure if it was still in effect. She also has 2 children ages 8 who were born here in the united states...Im thinking it might be better for her to wait for them to petition her?

That's not going to matter. She entered the US illegally and is subject to the 10 years ban. Marriage to a US citizen will not get her a reprieve from the ban since she entered the US illegally.

[belinda63 3,041]

I she entered without inspection she cannot adjust without leaving the country. Neither a spouse nor her children filing a petition for her will alleviate this requirement.

[Brother Hesekiel 2,236]

As it has been correctly stated, if she ENTERED the US without a visa, she cannot adjust status by any means. Adjustment of Status (AOS) is something that happens within the US. It means that somebody who has a non-immigrant status, like a visitor or a student, for example, files for AOS based on the fact that they (usually) have become an "immediate relative" of a US citizen. That can be a spouse (husband/wife), a child (son/daughter), or a parent (father/mother).

However, when the beneficiary has no status to adjust from, as it is the case with your sister, no AOS can take place.

In order to gain status, whether though you, a spouse, or one of her by then 21 year-old children, she would have to leave the US and enter with inspection again. Unfortunately, due to a revision of the immigration law in October of 1996, anybody who stayed in the US unauthorized for 180 days or more triggers a 3-year bar. Once the "illegal" stay extends to 1 year or longer, the 3-year bar becomes a 10-year one.

As I said before, there's a waiver for the overstay available, and that's the I-601. With US citizen children in the US needing her to provide, she actually might have a shot. I suggest to check out www.immigrate2us.net as they are specialized in 601 cases. Also helpful may be to contact Laurel Scott. She's an immigration attorney who specializes in I-601 waiver cases. You can reach her though the aforementioned Web site.

If none of this looks promising to you, there's always a chance that we'll get comprehensive immigration reform within the next few years. When that'll happen and what the outcome of it will be is anybody's guess.

[Boiler 45,952]

Neither you nor her children are qualifying relatives for the purpose of waiving a ban.

If you file for her there is about a 10 year wait, she also has a 10 year ban, so if she leaves at the same time you file she should be good to come back when her visa is available.

[Tatiana79 0]

Thank you all for the helpful information. We had been advised by some people that the 10 year was a thing of the past. We have known of some people that have not had to leave the United States but I'm sure thier situations may have been different. I want to look into the I-601 waiver to see if she will have a possibility for her.

[Boiler 45,952]

I want to look into the I-601 waiver to see if she will have a possibility for her.

Neither you nor her children are qualifying relatives for the purpose of waiving a ban.