GC timeline for Siblings who are already in US

Lomesh

New Member
If a US Citizen files for a GC for his/her sibling who is currently in the US on a non-immigration Visa, what will be the timeline for that ?

Would it be faster than the regular process OR would it take the same amount of time as the sibling living outside US.

And if the sibling's non-immigration Visa expires before the approval could come, will he/she be able to stay in US ??

I will really appreciate if someone can help me with this OR point me to the right place...

Thank you guys, in advance...
 
Thanks...

I watch that Bulletine regularly.

But, somebody told me that if the sibling is already in US the process is faster, I'm just trying to confirm it and find out how fast.
 
Lomesh said:
If a US Citizen files for a GC for his/her sibling who is currently in the US on a non-immigration Visa, what will be the timeline for that ?

Would it be faster than the regular process OR would it take the same amount of time as the sibling living outside US.

And if the sibling's non-immigration Visa expires before the approval could come, will he/she be able to stay in US ??

I will really appreciate if someone can help me with this OR point me to the right place...

Thank you guys, in advance...

I tend to think that it takes a long time either way, since siblings belong to category 4 of the family based preferences. It's certainly not a good idea to have them overstay their visa, which is called non-immigrant for a reason. Those cases are only excused for spouses within a certain amount of time until they apply for adjustment of status. But that's only how I understand it.

Anyway, you'll find more informations here
http://uscis.gov/graphics/howdoi/sibling.htm
 
Lomesh said:
And if the sibling's non-immigration Visa expires before the approval could come, will he/she be able to stay in US ??

Definitely not a good idea in this situation... only spouse of USC can take advantage of being forgiven for overstaying.
 
Lomesh said:
If a US Citizen files for a GC for his/her sibling who is currently in the US on a non-immigration Visa, what will be the timeline for that ?

Would it be faster than the regular process OR would it take the same amount of time as the sibling living outside US.

And if the sibling's non-immigration Visa expires before the approval could come, will he/she be able to stay in US ??

I will really appreciate if someone can help me with this OR point me to the right place...

Thank you guys, in advance...

It takes 12-13 years depending on their country of origin. (Could be 23 years...)

They can't still during the waiting period.
 
Last edited by a moderator:
It doesn't matter if she is in or out of the US, she must wait around 12 years and counting. The overstay and work illegaly is just forgiven for immediate relatives of USC (spouses/parents/children) not for the other family categories.
For further and official information go to www.uscis.gov or call the 800 Customer Service.
Good luck,
 
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