QUESTION
Can my mother petition my sisters and adjust their status from tourist to permanent resident?
Asked on May 05th, 2014 on Immigration - New York
More details to this question:
I petitioned my mother and two sisters at the same time but only my mother got her visa to come to the US. Now my sisters are in the US under tourist visa.
3 ANSWERS
Your mother would have to repetition for the sisters (her daughters) but the process will take about 5-7 years and during that time they would have to be in lawful status in order to adjust status. They will not be able to do that if they are in the US as tourists.
Answered on May 14th, 2014 at 11:27 AM
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Your sisters may apply for adjustment of status while they are in the US when the priority date for their preference category becomes current. You can check the priority dates at www.travel.state.gov. However, your sisters can only file their I-485 applications while they are still in valid immigration status or USCIS will find them inadmissible and deny their applications.
Answered on May 05th, 2014 at 8:37 PM
It will too long for your sisters to wait for the green card if your mom petitions for them: they will fall out of status by then and will not be able to adjust.
Answered on May 05th, 2014 at 7:41 PM