Adjustment of staus or consular processing?

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FirasAwad

Registered Users (C)
Hi, I became a citizen last year and I want to apply for a green card for my sister, my sister has a tourist visa and she came to visit me a couple of times, I have a couple of questions actually 1- which is better to apply, CP, or adjustment of status? 2- if I applied through adjustment of status is it true that she can stay in the states until the process finishes even if her tourist visa expired? Appreciate it if anyone can help Thanks
 
1. It will take several years before your sister becomes eligible to attend an interview. CP is the only option.
2. No, she cannot stay in the US on a tourist visa while waiting for her priority date to become current. She will be long out of status before she can even apply as a matter of fact.
 
It will probably take 15 years or more for her priority date to get current. She cannot file for adjustment of status before her priority date is current. No, she cannot stay on an expired tourist visa, that will put her out of status (and at risk of deportation if caught). She will be in a visa category that does not allow people who are out of status to file for adjustment. Her only option is to go home and wait for CP. She can visit in the meanwhile as long as she abides by the conditions of her tourist visa.
 
She is on B2 visa, I was thinking that she can come to visit and while she is here in the states she can file adjustment of status. Is there any reason for B2 visas holders that forbid them to file adjustment of status application?
 
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FirasAwad said:
She is on B2 visa, I was thinking that she can come to visit and while she is here in the states she can file adjustment of status. Is there any reason for B2 visas holders that forbid them to file adjustment of status application?
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Again.
A B2 visa only gives the holder (maximum) 6 months of authorized stay. She will be out of status (unlawfully present) after that. She cannot file to adjust status until her priority date is current, which will take about 15 years, and she cannot legally file to adjust if she is unlawfully present. So she simply cannot use a B visa to adjust status.
It is also considered fraudulent by US immigration to use a non-immigrant visa to intend to adjust status, but in her particular case it is impossible for her to do anyway because her legal presence will run out years and years before she can file for adjustment anyway.
 
Got it, probably it’s better to go with CP path since it needs 15+ years, but is it fine to apply for H1b while she have pending family petition application?
 
Sure, if you can find someone to sponsor it for her. H1B is a dual intent visa so having an immigrant petition in progress won’t be a problem.
 
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