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destinychild1

Can USC file AOS for sibling in USA on tourist visa?

By destinychild1 in Adjustment of Status from Work, Student, & Tourist Visas

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destinychild1 Explorer

destinychild1   10

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

Hi

 

I became USC in May 2018. My family (parents and sister) have valid tourist visa for USA. 

 

I would like to know if its possible to apply for my sister's Green Card via Adjustment of Status when she is here on tourist visa?

 

If yes, what is the process and timeline? Any help / inputs are highly appreciated. Thank you

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Roel Experienced

Roel   7,191

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted (edited)

Nope.

Also if you want to sponsor your sister it's going to be a good 15 years or so.

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

Only if all of these are true:

1) She entered without intent to stay.

2) You filed an I-130 for her and the PD is current (or more precisely, meets the AOS filing chart requirements).

3) She has a current, legal status in the US.

 

It sounds like you're missing #2. ETA: ~20+ years for an I-130 for a sibling fore the PD to become current (give or take 5+ years...assuming the category still exists at that time).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Boiler Grand Master

Boiler   43,429

Posted
Filed: K-1 Visa Country: Wales
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Posted

Sounds like she is not in the US never mind waiting 20 ish years.

“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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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Not only a current legal status, but has been in a lawful status for the entire time she has been in the US, since she isn't an immediate relative. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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destinychild1 Explorer

destinychild1   10

Posted
Filed: Citizen (apr) Country: India
 Timeline
  • Author
Posted
29 minutes ago, geowrian said:

Only if all of these are true:

1) She entered without intent to stay.

2) You filed an I-130 for her and the PD is current (or more precisely, meets the AOS filing chart requirements).

3) She has a current, legal status in the US.

 

It sounds like you're missing #2. ETA: ~20+ years for an I-130 for a sibling fore the PD to become current (give or take 5+ years...assuming the category still exists at that time).

you are correct. thank you for the clarification :)

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