Applying for green card for overstayed sibling

[clark83 5]

Hi,

Does anyone have an experience with this situation: sibling overstayed visitor visa and I would like to apply for a family based green card for him. Is this possible or will he get rejected and subjected to removal?

 

Thank you!

[powerpuff 6,729]

You can apply for him but he needs to leave the US. It will take 15-20 years to receive an immigrant visa. 

[clark83 5]

3 minutes ago, powerpuff said:

You can apply for him but he needs to leave the US. It will take 15-20 years to receive an immigrant visa. 

But if he leaves the US before I apply for him, he will be banned for 10years, right?

[Crazy Cat 41,980]

13 minutes ago, clark83 said:

Hi,

Does anyone have an experience with this situation: sibling overstayed visitor visa and I would like to apply for a family based green card for him. Is this possible or will he get rejected and subjected to removal?

 

Thank you!

A sibling is not an immediate relative.  If a sibling has overstayed, he/she can never adjust status through you.  The only thing you can do is file an I-130.  Then, in about 15 or 20 years, he/she can immigrate to the US. 

Just now, clark83 said:

But if he leaves the US before I apply for him, he will be banned for 10years, right?

How long has he overstayed?

Edited September 11, 2022 by Crazy Cat

[powerpuff 6,729]

4 minutes ago, clark83 said:

But if he leaves the US before I apply for him, he will be banned for 10years, right?

When you apply (before/after he departs) has no bearing on whether or not he receives a ban for overstay. In any case, a ban will expire because of the length of the processing time for siblings. 

Edited September 11, 2022 by powerpuff

[clark83 5]

1 minute ago, Crazy Cat said:

If a sibling has overstayed, he/she can never adjust status through you.  The only thing you can do is file an I-130.  Then, in about 15 or 20 years, he/she can immigrate to the US. 

Thank you!

Do you happen to know what happens if I apply for the I-130 for him after he has overstayed his visitor visa? Is there any chance he will not get rejected and deported?

[powerpuff 6,729]

2 minutes ago, clark83 said:

Thank you!

Do you happen to know what happens if I apply for the I-130 for him after he has overstayed his visitor visa? Is there any chance he will not get rejected and deported?

Are you trying to ask if he can continue living in the US after you apply for him? The answer is NO.

[Crazy Cat 41,980]

4 minutes ago, clark83 said:

But if he leaves the US before I apply for him, he will be banned for 10years, right?

His only option to immigrate through you is for him to leave the US.  Then he can return in 15 or 20 years.

 

Just now, clark83 said:

Thank you!

Do you happen to know what happens if I apply for the I-130 for him after he has overstayed his visitor visa? Is there any chance he will not get rejected and deported?

If he is out of status, he is at risk of deportation. By the time a visa number s available (15-20 years), any 10 year ban would have expired. 

[clark83 5]

1 minute ago, powerpuff said:

When you apply has no bearing on whether or not he receives a ban for overstay. In any case, a ban will expire because of the length of the processing time for siblings. 

Thank you!

Right, but what if I will apply for the I-130 for him and he never leaves the US, would he eventually get approved or rejected due to the overstay? He`s already overstayed by more then 6 months.

[powerpuff 6,729]

2 minutes ago, Crazy Cat said:

By the time a visa number s available (15-20 years), any 10 year ban would have expired. 

Yes, and just to reiterate for OP: he needs to leave the US for that clock to start ticking and it would expire by the time he receives a visa. The key here is that he must leave the US for the 10 year clock to begin and then expire.

 

1 minute ago, clark83 said:

Thank you!

Right, but what if I will apply for the I-130 for him and he never leaves the US, would he eventually get approved or rejected due to the overstay? He`s already overstayed by more then 6 months.

Answered above.

Edited September 11, 2022 by powerpuff

[clark83 5]

1 minute ago, powerpuff said:

Are you trying to ask if he can continue living in the US after you apply for him? The answer is NO.

Yes, that`s what I would like to find out. Thank you!

[Crazy Cat 41,980]

3 minutes ago, clark83 said:

Thank you!

Right, but what if I will apply for the I-130 for him and he never leaves the US, would he eventually get approved or rejected due to the overstay? He`s already overstayed by more then 6 months.

If he has EVER overstayed he can NEVER adjust status through you. As I said, a sibling is NOT an immediate relative.  His ONLY option to immigrate through you is for him to leave the US.

Edited September 11, 2022 by Crazy Cat

[clark83 5]

4 minutes ago, Crazy Cat said:

His only option to immigrate through you is for him to leave the US.  Then he can return in 15 or 20 years.

 

If he is out of status, he is at risk of deportation. By the time a visa number s available (15-20 years), any 10 year ban would have expired. 

That is what I am worried about. He would like to stay, he does not want to leave our family for such a long time  

Thank you!

[Crazy Cat 41,980]

Just now, clark83 said:

That is what I am worried about. He would like to stay, he does not want to leave our family for such a long time  

Thank you!

How long has he overstayed?

[Nat&Amy 623]

20 minutes ago, clark83 said:

That is what I am worried about. He would like to stay, he does not want to leave our family for such a long time  

Thank you!

No one wants to be separated from their family, but that's immigration for you. It comes with a cost (both financial and emotional). 

 

Better leave sooner than later, trigger the ban, and just let it run its course. Then by the time a visa becomes available to him, he can join his family again (lawfully).