Can my sister move to the US while she waits for her green card?

[del0175]

Background: I am a citizen and I want to sponsor my sister, who has a valid tourist visa to the US. She is currently in her native country.

My understanding is that as long as she enters the US legally she can then adjust her status once she is approved. Then, is it OK for her to use her tourist visa to enter the country legally and then simply wait here till her I-130 is approved?

 

[Jackolantern]

My understanding is that as long as she enters the US legally she can then adjust her status once she is approved.

Your understanding is incorrect. Siblings of US citizens have to wait 10+ years after the I-130 filing before being eligible to adjust status. During those waiting years, they gain no legal status from the sponsorship, and would have to maintain status legally some other way (e.g. H1B visa) or stay outside the US. Overstaying the visa would make her lose eligibility for AOS.

In addition, even if you had already filed it 10 years ago so she would currently be eligible for AOS, her entering the US with a tourist visa with the plan of filing AOS would be preconceived immigrant intent, which goes against the rules of the tourist visa and could result in AOS denial. For spouses of US citizens they are normally lenient with the immigrant intent issue, but siblings don't get that leniency.

 

[Concerned4us]

Your sister can enter with a dual intent visa such as H1B or L1; she needs to be qualified for the visa status and will also need to maintain that status during her wait.

Be advised that if she enters and overstays status since her illegal presence will not be forgiven as it is for immediate relative categories of immigrants. She will be unable to receive her green card via AOS if she is an illegal alien.