apply for green card for sister

H

helen

New Member
my sister is here on a visitors visa. can she apply for a change of status to apply for a green card?
 
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The condition of visitor visa is admittance for a short visit, followed by an exit out of the US once the visit is complete.
 
my parents are us citizens so on a family basis. she is a catholic nun over doing mission work in the united states.
 
no i have not submitted any paperwork for her yet. I was just wondering what are the chances of her obtaining a permanent residence visa and if its a lengthy process.
 
Not by you, but does she have any petition thru her parents, since she appears to be eligible by way of the parents being US citizens. Length of process depends on her age.

Parents file i130 petition, she returns to her home country after B2. and awaits consular processing for her immigrant visa.
 
First, you may petition your sister. But you need to wait for a visa number is available for the category of the petition before she can go to the next step (Adjustment of Status in the US or Consular Processing out of the US). The wait in the F4 (sibling of US citizen) category is 12+ years (longer for people born in Mexico or the Philippines). She would only be able to "adjust status" if she is in the US and in legal status at the time a visa number is available, i.e. 12+ years after you file your petition. Her current B2 status lasts no longer than 6 months, so obviously she cannot do it on this trip. Plus, she cannot enter with a visitor visa or most kinds of nonimmigrant visas (except H and L work visas) with the preconceived intent to adjust status while in the US, so she cannot simply wait until it is close to the time the visa number is available and then enter and adjust either. She would have to go through Consular Processing in her home country.
 
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