Family based visa and Deportation

N

neofrey

New Member
My wife and I were married in June 2006
Sent immigration forms in November of 2006 (she was on an expire visa with an I-94)
She became a citizen on 7/7/2010

YEA!!

Now that she is a citizen we would like to file for her sister (25) and her brother (age 33 with 3 kids (citizens) owns his own business)

Sister entered when she was 17; brother over 21. Both have I-94's and expired visas

I understand that this process can take years and years before a visa will become available.

My Wife's fear is that by Filing the I-130 the USCIS will eventually start the deportation process based on the overstayed visas. Once deported or leaving voluntarily they will both have a 10 year ban.

How likely is it that they will be denied a visa?

Thanks
 
Overstay forgiveness is for Immediate relatives of a USC, not for siblings, so your Brother and Sister will face a 10 year bar anyway years later when their visa number will become available.
Siblings are not considered as the immediate relatives of a USC.
Her sister can adjust status if she marries a USC.
As for her brother if her brother has any children born in US they can follow Mr Ghori's advice, but there is one catch with the more increased change and stricter immigration laws who knows what the law might be when his kids turn 21.
 
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They cannot AOS, so their only choice is to leave and abide by the 10 year ban. After that they can immigrate.
The brother has one more option however. He can live in the shadows until one of his kids turns 21. Then he can apply for AOS.

neofrey said:
My Wife's fear is that by Filing the I-130 the USCIS will eventually start the deportation process based on the overstayed visas. Once deported or leaving voluntarily they will both have a 10 year ban.
Click to expand...
 
neofrey said:
My Wife's fear is that by Filing the I-130 the USCIS will eventually start the deportation process based on the overstayed visas. Once deported or leaving voluntarily they will both have a 10 year ban.
Click to expand...
So they need to leave now to start living out the 10 year ban, so they can become eligible for green cards in 10 years when it's time for their green card interview.
 
His mom is currently a permanent resident and working towards her citizenship. Even though he is over 21 can she petition and make it so he doesn't have leave for the 10 year ban?

Does she have to wait until she becomes a citizen?
 
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