QUESTION
How can I or my parents sponsor my sister who overstayed her tourist visa?
Asked on Jul 11th, 2014 on Immigration - Texas
More details to this question:
I am a US citizen, and so are my parents. My sister came to the US with tourist visa and overstayed more than 2 years. She recently gave birth a US born child. Her boyfriend is permanent residence and they broke up before the child came out. How can I (or my parents) sponsor for her to stay in US and can she apply for Provisional waiver? Thanks.
5 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Your sister may be eligible for adjustment of status through a petition concurrently filed by either parent if she is still under the age of 21. Otherwise, either you or your parents can petition for her and she can then apply for her immigrant visa through consular processing at the US consulate when her priority date becomes current or when a visa number is available for her. Unfortunately, if she is 21 years of age or older she is no longer considered an immediate relative and is not eligible for the provisional waiver. She must actually depart the US to attend her visa interview before she can apply for a non-provisional waiver.
Answered on Jul 14th, 2014 at 4:23 AM
If she is over 21, the only way is to submit a relative petition, wait for priority date to become current and then she will have to get a waiver.
Answered on Jul 14th, 2014 at 4:22 AM
Business Immigration Attorney serving Houston, TX
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Quan Law Group, PLLC
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Consult with an attorney about either a claim to US citizenship or having your parents sponsor her for permanent residence.
Answered on Jul 14th, 2014 at 4:09 AM
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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If she had a visa when she entered the US, she does not need a waiver. An immigrant visa is not immediately available to her, however, because she is an adult. But one of your parents should go ahead and apply for her now anyway. She will not be immediately eligible for employment authorization, but she does not need a waiver of her unlawful presence either (because she entered with a visa and thus was legally admitted and inspected).
Answered on Jul 14th, 2014 at 3:58 AM
Bruce A. Coane
Your parents can file an I-130 petition and that case takes many years. Under current law, there is no provisional waiver for that type of case.
Answered on Jul 14th, 2014 at 3:57 AM