Can a U.S. citizen petition for an Illegal Sibling

[Stevo1979 71]

Can a U.S. citizen petition for a sibling who has overstayed his visa in the country?

[Cyberfx1024 7,978]

11 minutes ago, Stevo1979 said:

Can a U.S. citizen petition for a sibling who has overstayed his visa in the country?

Yes, you can file them. But they can't stay and live here to wait for their PD to become current which could take up to 20 years depending on where you are from.

 

What country are they from?

Edited February 16, 2020 by Cyberfx1024

[Unlockable 7,306]

Theoretically, yes but...... it will not be practical.  Here is why.

 

A US citizen applying for a sibling does not give the sibling authorization to stay nor does it make them legal. They can still be deported. It would mean the sibling would have to stay "under the radar" until your sibling petition is completed. The problem is that sibling petitions take 15 - 20 years to complete. So that means that the sibling would be illegal inside the US for another 20 years. And even then, there is no guarantee they would get the visa. It simply is not practical and in any aspects, not worth it.

[geowrian 22,335]

Also, overstay is not ignored, so there would be a 10 year ban starting upon exit (and note that they cannot AOS if out of status). A sibling is not a qualifying relative for a waiver either.

Edited February 16, 2020 by geowrian