Can the sibling of a US citizen stay out of status in the US while waiting for petition/green card?

[argentina_usa 5]

I am asking this question for a friend. He is currently in the US on a tourist visa, and he plans to overstay the visa after his 6 months are up. 

His sister is a US permanent resident and will be eligible to apply for US citizenship in one year.

His plan is to wait for his sister to become a US citizen and petition for him. He plans to stay in the country out of status while waiting for the petition/ green card.

 

Is this feasible?? They would need to do i-130 right? Or would he just need to adjust status since he's already here? The country is Argentina if that makes a difference. Thanks!

[NigeriaorBust 4,087]

   They do not forgive overstays for siblings.  The wait from filing to an available number is about 15 years.  He would have a huge unforgivable overstay by that point.

[payxibka 10,044]

5 minutes ago, argentina_usa said:

I am asking this question for a friend. He is currently in the US on a tourist visa, and he plans to overstay the visa after his 6 months are up. 

His sister is a US permanent resident and will be eligible to apply for US citizenship in one year.

His plan is to wait for his sister to become a US citizen and petition for him. He plans to stay in the country out of status while waiting for the petition/ green card.

 

Is this feasible?? They would need to do i-130 right? Or would he just need to adjust status since he's already here? The country is Argentina if that makes a difference. Thanks!

No.  Considering it is 12 to 15 yrs (or more) to be eligible for a green card, and he must remain in status the entire time 

Edited November 5, 2019 by payxibka

[Cyberfx1024 7,978]

6 minutes ago, argentina_usa said:

I am asking this question for a friend. He is currently in the US on a tourist visa, and he plans to overstay the visa after his 6 months are up. 

His sister is a US permanent resident and will be eligible to apply for US citizenship in one year.

His plan is to wait for his sister to become a US citizen and petition for him. He plans to stay in the country out of status while waiting for the petition/ green card.

 

Is this feasible?? They would need to do i-130 right? Or would he just need to adjust status since he's already here? The country is Argentina if that makes a difference. Thanks!

That plan is not feasible at all. He will need to go back home until his sister's petition comes up for him. 

[USS_Voyager 1,971]

25 minutes ago, argentina_usa said:

s this feasible?? They would need to do i-130 right? Or would he just need to adjust status since he's already here?

He is not eligible to adjust status. This is not at all feasible. As mentioned, it will take 15 years for his priority date to be ready. The filing of I-130 or even the approval of form I-130 gives him no benefits whatsoever. 

[aaron2020 11,651]

32 minutes ago, argentina_usa said:

I am asking this question for a friend. He is currently in the US on a tourist visa, and he plans to overstay the visa after his 6 months are up. 

His sister is a US permanent resident and will be eligible to apply for US citizenship in one year.

His plan is to wait for his sister to become a US citizen and petition for him. He plans to stay in the country out of status while waiting for the petition/ green card.

 

Is this feasible?? No for a variety of reasons.  Overstays are not forgiven for the sibling of a USC.  It currently takes 13+ years for a USC to petition for a sibling.   They would need to do i-130 right? That's just the first part.  There's more paperwork that would need to be filed.  Or would he just need to adjust status since he's already here? His AOS would be denied because overstays are not forgiven for a sibling of a USC.  The country is Argentina if that makes a difference. Thanks!

Your friend will be out of status and would not be able to benefit from his sister's petition for him since his overstay would not be forgiven.   

Edited November 5, 2019 by aaron2020

[geowrian 22,335]

Like everyone else said: no way his plan can work. He would need to remain in status for the entire 13-15+ years. Overstay is not ignored for AOS purposes here.

Also, nobody on this website can advise or condone a plan to violate immigration law, per the TOS.

[Keem12 9]

I wouldn't recommend that. 13years or more for a sibling filing would take and if he gets deport, that's more trouble. 

[argentina_usa 5]

Thanks for all the replies guys! I guess I will be advising him to look for a beautiful American woman then 😅

[SusieQQQ 11,584]

18 minutes ago, argentina_usa said:

Thanks for all the replies guys! I guess I will be advising him to look for a beautiful American woman then 😅

Green card marriages aren’t legal, either.

Not many people manage to meet and confirm they have found their life partner within the space of a B visa authorized stay period. Though it does seem to happen much faster when a green card is involved 🙄

Edited November 5, 2019 by SusieQQQ

[argentina_usa 5]

Quote

Green card marriages aren’t legal, either.

Not many people manage to meet and confirm they have found their life partner within the space of a B visa. Though it does seem to happen much faster when a green card is involved 🙄

What?? I thought overstay time would be forgiven if you married a U.S. citizen.

What if he met someone in 1-2 years or more and then tried to adjust status. He would be rejected?

Edited November 5, 2019 by argentina_usa

[aaron2020 11,651]

2 minutes ago, argentina_usa said:

What?? I thought overstay time would be forgiven if you married a U.S. citizen.

It is.

 

Well, it seems that your friend plans to overstay and marry a US citizen.   Argentinians can point to him as to why it's hard for them to visit family in the US.  

[SusieQQQ 11,584]

7 minutes ago, argentina_usa said:

What?? I thought overstay time would be forgiven if you married a U.S. citizen.

What if he met someone in 1-2 years or more and then tried to adjust status. He would be rejected?

So he plans to overstay until he suckers someone into marrying him to get that overstay forgiven? Charming. You’re not going to find advice on that here. When his visa period is up, he needs to GO HOME.

[geowrian 22,335]

20 minutes ago, argentina_usa said:

What?? I thought overstay time would be forgiven if you married a U.S. citizen.

What if he met someone in 1-2 years or more and then tried to adjust status. He would be rejected?

Only legal option is to leave before his stay expires. You won't find any help with more than that here.

[Nat&Amy 623]

20 minutes ago, aaron2020 said:

It is.

 

Well, it seems that your friend plans to overstay and marry a US citizen.   Argentinians can point to him as to why it's hard for them to visit family in the US.  

This. ^^

 

Mods, please close this topic. OP has been given the answer they were looking for and considering the friend's masterplan of getting a green card at all costs, there is nothing else to say, really.