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Questions about bringing my sister through my Mom's greencard

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My mom got her greencard through me. We are going to bring my sister here. She is 15 years old. She had a B1 visa when she came to visit us at the beginning of this year.

But if we want to bring her here to live, study and get a greencard. What kind of visa She would need? Does she need a student visa, or B1 is fine or other kind of visa?

When she comes over here, can she go to public school? Will that be free for her?

Thanks for your time and help. ;)

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Your mom needs to petition for a child of a Greencard holder and get a family immigrant visa for the sister.


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My mom got her greencard through me. We are going to bring my sister here. She is 15 years old. She had a B1 visa when she came to visit us at the beginning of this year.

But if we want to bring her here to live, study and get a greencard. What kind of visa She would need? Does she need a student visa, or B1 is fine or other kind of visa?

When she comes over here, can she go to public school? Will that be free for her?

Thanks for your time and help. wink.png

It is immigration fraud to enter the US on a B-1 visitor visa with the intent to immigrate by adjusting status.

Where is your sister right now? You are using conflicting tenses - one part you state that "we are going to bring my sister here" and then you later statue "she came to visit us at the beginning of this year."

If your sister is outside the US right now, then entering with the B-1 with the intent is immigration fraud.

If your sister is inside the US right now, then your mother can file to adjust her.

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It is immigration fraud to enter the US on a B-1 visitor visa with the intent to immigrate by adjusting status.

Where is your sister right now? You are using conflicting tenses - one part you state that "we are going to bring my sister here" and then you later statue "she came to visit us at the beginning of this year."

If your sister is outside the US right now, then entering with the B-1 with the intent is immigration fraud.

If your sister is inside the US right now, then your mother can file to adjust her.

Thanks!

She is in China right now. She came here short-termly at the beginning of this year, just to visit me.

Now we want to bring her here again to let her live here, go to high school and college.

You said it would be immigration fraud to enter the US with B1 visa. Then you stated if my sister was in inside the US right now, my mother could file to adjust her?? Will USCIS take it as a fraud??

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B1 is for Business Visitors.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thanks!

She is in China right now. She came here short-termly at the beginning of this year, just to visit me.

Now we want to bring her here again to let her live here, go to high school and college.

You said it would be immigration fraud to enter the US with B1 visa. Then you stated if my sister was in inside the US right now, my mother could file to adjust her?? Will USCIS take it as a fraud??

If your sister was already in the US and entered without the intent to immigrate, then it would be possible to adjust her because she didn't have the intent to immigrate when she entered. However, she is currently in China. At this point, it would be immigration fraud if she enters and seek to adjust because she would enter with the intent to immigrate by adjusting. Being in China and making a plan for her to adjust would be grounds for immigration fraud if she enters and files.

There is only one legal way to bring her to the US soon through a family member. LPR mom files an I-130 for an unmarried daughter in the F2a category which is now current. It would be about 6-12 months for an immigration visa. With the B-2 visitor visa, your sister can continue to visit. However, she must return home to process for her immigration visa. After she enters on her immigration visa, she can go to school.

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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