B1/B2 to Greencard (if sponsored by a sibling)... is it possible???

Asked almost 4 years ago - Baltimore, MD

I would like to know if a B1/B2 visa (10 years multiple entry) can be adjusted into a green card if sponsored by my sister who is a US citizen.

Waiting for your valuable suggestions.
Ash.

Attorney answers (6)

  1. Matthew Rice Glinsmann

    Pro

    Contributor Level 9

    Answered . From your question, I will presume that the beneficiary overstayed the permitted visitor visa period listed on his/her I-94 card. Adjustment of Status is not allowed when the beneficiary has overstayed the permitted period or worked without authorization. Exceptions to this rule exist where the beneficiary is sponsored by an immediate relative (US Citizen spouse, parent or adult child) or is covered by INA 245i (Applicant or his/her parent was sponsored before April 30, 2001 and in the US in December 2000). It gets complicated. Its time to see an experienced immigration attorney to review your eligibility.

  2. Naima M Said

    Contributor Level 14

    Answered . Your sister can file the visa petition but siblings have to wait up to 10 years for a visa to become available.

    The B1/B2 can adjust status if s/he never violates status while in the US but you know that they cannot live in the US for 10 years to wait for the visa. An option would be to change to another status such as student. The problem with that is the person may not want to go to school or may not have the money.

    The other option is to travel in and out of the US for 10 years, enjoy time with family here while waiting for the priority date to become current.

  3. Naima M Said

    Contributor Level 14

    Answered . Your sister can file the visa petition but siblings have to wait up to 10 years for a visa to become available.

    The B1/B2 can adjust status if s/he never violates status while in the US but you know that they cannot live in the US for 10 years to wait for the visa. An option would be to change to another status such as student. The problem with that is the person may not want to go to school or may not have the money.

    The other option is to travel in and out of the US for 10 years, enjoy time with family here while waiting for the priority date to become current.

  4. Naima M Said

    Contributor Level 14

    Answered . Your sister can file the visa petition but siblings have to wait up to 10 years for a visa to become available.

    The B1/B2 can adjust status if s/he never violates status while in the US but you know that they cannot live in the US for 10 years to wait for the visa. An option would be to change to another status such as student. The problem with that is the person may not want to go to school or may not have the money.

    The other option is to travel in and out of the US for 10 years, enjoy time with family here while waiting for the priority date to become current.

  5. Naima M Said

    Contributor Level 14

    Answered . Your sister can file the visa petition but siblings have to wait up to 10 years for a visa to become available.

    The B1/B2 can adjust status if s/he never violates status while in the US but you know that they cannot live in the US for 10 years to wait for the visa. An option would be to change to another status such as student. The problem with that is the person may not want to go to school or may not have the money.

    The other option is to travel in and out of the US for 10 years, enjoy time with family here while waiting for the priority date to become current.

  6. Juan Paolo Pasia Sarmiento

    Contributor Level 15

    Answered . If the petition is approved, priority date (F-4) is current, and you've maintained status since you last entered the US, you can apply for adjustment of status.

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