My sister who just turned 21 entered the U S legally on a passport and Visa from the caribbean which is her place of birth, she overstayed for almost 8 years now, I know that I can file for her but I have a few concerns: she is currently in the US, does she have to leave or can she stay? About how many years wouldn't take for her to get at least a green card? And would it be easier for me to file for my dad who is in the Caribbean but very sick and needs treatment overseas, and then my sister can try to get a green card through him, would that be a faster route? Thanks
Assuming she has not been sponsored for a visa or labor certification previously and eligible for 245(i), she will need to consular process when the visa number is available which coudl be 10-12 years. Whens he departs the US she will trigger illegal presence which is bar to returning without a wavier and it is unclear if she has a qualifying relative for the waiver. If she has more than one year illegal presence she will not be permitted to return for 10 years. As mentioned above, the filing of a visa petition does not give her permission to remain in the US.
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