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Can my sister (a US citizen) apply for family based green card (GC) if i am on H1-B, with no hope for employment based GC?

Cincinnati, OH |

I am on my 5th year of H1-B and due to workload issues, my employer has refused to process my GC. Also due to reduced workload, i am at a risk of loosing my current job. Due to the time constraints involved, if my sister applied for family based GC, am i still allowed to stay and work in US if i loose my job. Or do i have to return back to my home country? Please advise. Are there other options for me to take/initiate while i am on a legal status to allow me to continue to stay and work in the US?

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Attorney answers 5


No. A sibling's petition typically takes more than 10-12 years go through, and the fact that a sibling has filed a

petition on your behalf does not give you the right to remaining the US while it is pending .

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


I agree that the answer is no. And what's worse, if you remain in United States, you will fall out of status. That means you will be disqualified from adjustment of status. You will also be subject to deportation upon discovery.

I strongly recommend an appointment with a competent and experienced immigration attorney to discuss other immigration visa options. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.


Your sister can file an I-130 for you and should do so immediately in case a law change eliminates the sibling visa, but it will give you no legal status until your priority date is current. This could take 5-15 years again depending on what, if anything, a new law does.
Why won't your company petition for you?

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Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.


Your sister should file the visa petition for you. I will not give you status for many years. Unless there is a change in the IINA. There are other legal options available depending on your situation. You should consult with an immigration attorney to see if any apply to you.




Mr. Brown, I would like to find out what my other legal options are based on my current legal status. I know about a few, but would like to clarify these and also know if there are others that i am not aware of. Could we setup a phone consultation anytime soon. Please advise. Thanks!

Robert Louis Brown

Robert Louis Brown


Please send an email to and we will set up a consult. Thank you


You can try finding a different H1 employer who is more helpful. Other options may be available depending upon you situation. To learn please seek a private consult with an experienced immigration attorney. Sibling green card will let you stay and work only AFTER APPROVAL and there is long processing time at present but that may change. Best Wishes!
Lalita Haran
Attorney: Immigration Law
13295 Illinois St Ste 128
Carmel IN 46032
Ph: (317) 660-6174

Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

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