Sponsor parents/siblings following inside process if visiting?

[pakistaniUS 0]

Hello everyone!

I had a couple of questions. I just became a US citizen and would like to sponsor my parents and my siblings (they are dual citizens of the UK and Pakistan) to come here as well. They (my parents and one of my siblings) will be visiting the US for about 3 months starting May this year and I was wondering if we can follow the process for sponsoring while relatives inside the US since the process for the outside the US seems a lot longer and more complex.

a) Can I file the I-130 before they arrive or only once they arrive?

b) Do they have to be in the US when filing the I-485 for Adjustment of Status? If so, I am assuming I should file the I-130 as soon as possible so they are here when I get the I-797 notice of action. What do you think?

c) Do my parents and/or siblings have to leave before adjustment of status is completed if their visit visa runs out or can they stay on the basis of that process having started? What happens if their visa runs out and they have to leave?

Do you guys think the 3 months visit is long enough for them to be in the country to follow the inside US process?

What would you recommend?

Thanks in advance!

[aleful 1,905]

hi

siblings cannot adjust status in the US, the wait for siblings is over 12 years and they must wait in their country and go through consular processing, they can come to visit but never overstay.

you can file whenever you want to

the i130 alone takes 5 or more months to be approved, the petition will take over a year if they go through consular processing.

[pakistaniUS 0]

hi

siblings cannot adjust status in the US, the wait for siblings is over 12 years and they must wait in their country and go through consular processing, they can come to visit but never overstay.

you can file whenever you want to

the i130 alone takes 5 or more months to be approved, the petition will take over a year if they go through consular processing.

Thank you for your response. Do you know the answer to these questions for parents?

If we are to follow the process for parents being inside the US:

a) Can I file the I-130 before they arrive or only once they arrive? They will be here for 3 months.

b) Do they have to be in the US when filing the I-485 for Adjustment of Status? If so, I am assuming I should file the I-130 as soon as possible so they are here when I get the I-797 notice of action.

c) Do my parents and/or siblings have to leave before adjustment of status is completed if their visit visa runs out or can they stay on the basis of that process having started? What happens if their visa runs out and they have to leave?

[pakistaniUS 0]

hi

siblings cannot adjust status in the US, the wait for siblings is over 12 years and they must wait in their country and go through consular processing, they can come to visit but never overstay.

you can file whenever you want to

the i130 alone takes 5 or more months to be approved, the petition will take over a year if they go through consular processing.

http://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-us-citizen

According to this you can adjust the status of a sibling after filing an I-130 and receiving a notice of action.

[Hypnos 6,576]

Siblings are not immediate relatives of a US citizen, and so cannot adjust status until their priority date became current. That would currently take about 13 years if you filed for them today.

It would constitute visa fraud for your parents to enter the US on a nonimmigrant visa with the preconceived intent for them to remain and adjust status. They can visit, and would need to leave at the end of their period of authorised stay.

You can file I-130s seeking immigrant visas for each of your parents (so you would file two I-130s) now. It will be around a year or so until they interviewed overseas and then received their immigrant visas (if approved).

It would be faster for your siblings to get here by having your parents file for them under the F2A / F2B preference, but your parents would need to be LPRs first.

Edited March 7, 2015 by Hypnos