Leaving the US before green card arrives

[accumbyte 148]

1 hour ago, rich2183 said:

Yes. She applied before her stay expired and she has a 2016 priority date. 

The I-130 is just a petition! The application for AOS (aka a Green Card) is the I-485, but she will not be eligible to submit one because:

1. Her PD is not current. See F4 row: https://www.uscis.gov/visabulletininfo
2. Overstay is not forgiven for siblings because siblings are not defined as immediate relatives by USCIS: https://www.uscis.gov/tools/glossary/immediate-relatives

Her tourist visa is cancelled in the government's database. Upon US exit, she cannot return to the US for 10 years without a waiver: https://www.americanimmigrationcouncil.org/research/three-and-ten-year-bars If after 10 years her PD is still not current then she can try to apply for a new tourist visa. But the chances of approval of that tourist visa will be almost non-existent. The best course of action is to leave ASAP and serve the 10 year bar; then she can enter with the sibling immigrant visa.

Edited February 17, 2019 by accumbyte

[SusieQQQ 11,584]

1 hour ago, rich2183 said:

Yes. She applied before her stay expired and she has a 2016 priority date. 

Wait - are you saying she’s stayed in the US on a tourist visa since 2016?

 

edit: then refer accumbyte’s post above. She no longer has a valid tourist visa, and has a long ban. She can’t adjust status from an overstay so she has to leave at some stage if she ever wants to be legal, may as well do it now and get the ban done with sooner (relatively speaking of course) rather than postponed.

Edited February 17, 2019 by SusieQQQ

[geowrian 22,335]

If she's been in the US on a tourist visa since 2016 (and has not changed status within the US and maintained that status), then she absolutely has a 10 year bar upon exit. She will not be eligible for AOS in the US.

Best thing she can do now is to exit ASAP. The ban will likely be expired by the time the PD is current.

The tourist visa automatically became voided by law on the first day of overstay.

[WeGuyGal 1,052]

1 hour ago, SusieQQQ said:

Wait - are you saying she’s stayed in the US on a tourist visa since 2016?

 

edit: then refer accumbyte’s post above. She no longer has a valid tourist visa, and has a long ban. She can’t adjust status from an overstay so she has to leave at some stage if she ever wants to be legal, may as well do it now and get the ban done with sooner (relatively speaking of course) rather than postponed.

She has to leave immediately, assuming her i94 is expired. The US doesn't want illegals. 

 

But OP should clarify how long she's been in the US on her b2. 

[SusieQQQ 11,584]

35 minutes ago, WeGuyGal said:

She has to leave immediately, assuming her i94 is expired. The US doesn't want illegals. 

 

But OP should clarify how long she's been in the US on her b2. 

Absolutely- correct 

what I meant to convey was that there is no way she can be legal without leaving - as some of the previous posts had highlighted the ban takes effect only on departure. I should have worded more carefully.  

[Naes 12,205]

Is this one of those cases where people think visa expired means the 10 year period which multiple entry is allowed and such instead of I-94 expiration date? 

 

Cause it does sound like it...

[SusieQQQ 11,584]

1 hour ago, Naes said:

Is this one of those cases where people think visa expired means the 10 year period which multiple entry is allowed and such instead of I-94 expiration date? 

 

Cause it does sound like it...

I think it’s one of those cases where a relative overstayed then adjusted as CR or IR and now they think it’s ok for everyone. 

[NigeriaorBust 4,087]

  If she does leave and serve out the ban she will have a heck of a time when the petition is current;   Either A  she tried to adjust status in the US and is denied because she has no status to adjust from .  B she tries to interview out of country and is denied because she has a 10 year bar.   Sibling don't count as a qualified relative for 601's do they ?

[SusieQQQ 11,584]

39 minutes ago, NigeriaorBust said:

  If she does leave and serve out the ban she will have a heck of a time when the petition is current;   Either A  she tried to adjust status in the US and is denied because she has no status to adjust from .  B she tries to interview out of country and is denied because she has a 10 year bar.   Sibling don't count as a qualified relative for 601's do they ?

Petition almost certainly won’t be current before the bar is up, assuming she leaves now. 

[Boiler 43,541]

I am sure the Aunt knows what she is doing, the OP did not.

[aaron2020 11,651]

21 hours ago, rich2183 said:

My aunt is in the US awaiting her green card. The tourist visa she arrived with has not expired. Is she able to leave the US and come back using that visa? Even if she’s waiting for her immigrant visa?

Rich,

 

You've been looking over the responses as recently as 2 hours ago.  Please provide information if you want help.  How long has she been in the US?   Has  your aunt has overstayed or not?  That's important in providing you with the correct answers to your questions.  

 

 

Edited February 18, 2019 by aaron2020

[Boiler 43,541]

She has been here since before 2016 so exactly how much longer does not really matter.

[WeGuyGal 1,052]

Odd that the OP logs in to review posts, but opts not to respond. 

 

Not liking the responses that aunt can't get a green card soon? 

[aaron2020 11,651]

2 hours ago, Boiler said:

She has been here since before 2016 so exactly how much longer does not really matter.

Rich said that his aunt was petitioned by her sister about 3 years ago.  Where did he say that she has been here since 2016?  That's an assumption on your part and a few other people.   While probably true based on Rich just reading the responses on here and not answering, he hasn't explicitly stated that his aunt has been here since 2016.  

Edited February 18, 2019 by aaron2020

[Boiler 43,541]

22 hours ago, rich2183 said:

Yes. She applied before her stay expired and she has a 2016 priority date. 

This