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

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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!

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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 by payxibka

YMMV

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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. 

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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. 

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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 by aaron2020

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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.


Timelines:

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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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 by argentina_usa

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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.


Timelines:

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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