I filed for my Sister's F4 who she is already in USA with me (I am citizen) - NEED HELP Desperately!

[Boiler 43,402]

The QR does not have to be the Petitioner.

[KierenHby 897]

My sister and her family landed in USA on H1B visa in 2005. Their visa expired in 2007 and they became illegal. In 2009, I became US citizen and first thing I did is that I filed for my sister F4. She is been living with me ever since (in Atlanta, GA). Her file was in California Service Center, however, since December 2014 the status shows that "File has been transferred to your local office".

Please please help us!!

Sure, come to America, overstay, become illegal, and wait for a relative to bail you out.

Gosh.. jeez.. and we wonder why those in genuine need of visas get denied.

[Jawaree 717]

Situation is pretty clear cut, do not see what a Lawyer can do.

Even simple cases at times need a solid atty brief to over-come

there no prob in a consult & getting a pro brief written if needs to

in the future.....some ppl are not strong writers & arguments may

not win over an adjudicator=its dicretionary remember

[Hypnos 6,576]

There is no argument to make. OP's sister is an overstay, and her ten year bar will kick in the day she departs the US. The overstay renders her ineligible to adjust status other than being an immediate relative of a US citizen, which a sibling is not.

As Boiler said, a sibling is also not a qualifying relative for I-601 purposes.

The sister has no options, but can certainly pay a lawyer for them to tell her exactly that, but in a nice office.

[rhein 451]

There is no argument to make. OP's sister is an overstay, and her ten year bar will kick in the day she departs the US. The overstay renders her ineligible to adjust status other than being an immediate relative of a US citizen, which a sibling is not.

As Boiler said, a sibling is also not a qualifying relative for I-601 purposes.

The sister has no options, but can certainly pay a lawyer for them to tell her exactly that, but in a nice office.

Bingo.

[EM_Vandaveer 2,366]

If said sister is unmarried a future (bona fide) marriage to a USC may provide a way to a Green Card. Emphasize being on bona fide.

Edited May 7, 2015 by EM_Vandaveer

[raven52 233]

It would seem to me, that people entering this country, on different types of visas, would know what is expected.,..,I just do not understand, over-staying for years, knowing you are breaking the law.

I just have no respect for people who knowingly break the law, and then try to cover it up.

I know, it must hurt to have to leave, when visa is up, but the USCIS law is what it is.

I hope for your sake you keep your loved ones close, BUT,.,..,it was wrong what was done.

Get ""a good"" immigration attorney.

[Mohmedraza 0]

She has a child who was born US Citizen but he is only 5 years old. Also, my parents are here and they need 2 more years of continue residence to apply for citizenship. Eventually (after couple of years), yes she will have a U.S. citizen parents but at the moment NO.

As a sibling a hardship waiver is not available. She will be scheduled for an interview when her priority date is current in whatever country you list (usually her home country). As soon as she exits the U.S. she will have a 10 year ban from returning. No sibling waiver is available.

Is there a U.S. citizen parent or a U.S. citizen child 21 or older who could petition for her?

[Transborderwife 4,666]

She needs to go back home.

[Cathi 5,609]

She has a child who was born US Citizen but he is only 5 years old. Also, my parents are here and they need 2 more years of continue residence to apply for citizenship. Eventually (after couple of years), yes she will have a U.S. citizen parents but at the moment NO.

You won't find anyone here who sympathizes, 5 year old USC child or not. Your entire family knew what she was doing was illegal and would have serious repercussions. There is nothing anyone can do for her, don't waste your money on an attorney there is no fighting this. She must go home.

[Cathi 5,609]

It would seem to me, that people entering this country, on different types of visas, would know what is expected.,..,I just do not understand, over-staying for years, knowing you are breaking the law.

I just have no respect for people who knowingly break the law, and then try to cover it up.

I know, it must hurt to have to leave, when visa is up, but the USCIS law is what it is.

I hope for your sake you keep your loved ones close, BUT,.,..,it was wrong what was done.

Get ""a good"" immigration attorney.

There is absolutely nothing any attorney can do for her, she can't adjust, there is no waiver available, period. Why pay someone to tell you the same thing? The on;y option, like you said is to go home.

[Boiler 43,402]

As there seems to be confusion about the issue.

Brother can file for her.

Only if she is filed for by an immediate relative can she adjust in country.

Parents are not immediate relatives.

Parents are qualifying relatives for hardship waivers.

So she can interview in India for an immigrant visa and have a waiver filed, does not matter if her parents are naturalised or not so not sure why that was mentioned.