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  • Siblings Residency questions

    Hello, I have several doubts. My sister is an US Citizen (born there, and older than 21) and I want to move over there (I'm her brother) but I've read everywhere that the siblings Residency may take several years.

    My questions are:

    1.- Is this affected by anything other than the number of remaining visas from the previous categories (immidiate family, etc) ?

    2.- If I travel to the US with a visitors Visa (which lasts 3 months AFAIK) may I stay there longer while the I-130 form is being processed ?

    If 2 is possible, can I even work to sustain myself ?

    What if I'm using a Visa Waiver?

    Thank you very much in advance for your help.
    Last edited by battouken91; 11-10-2015, 08:09 PM.

  • #2
    Siblings Residency

    Hey, I'll try my best to answer your questions to the best of my knowledge. At this moment, USCIS is still processing the F4 paperwork's that were filed in 2003. Based on this, it means that it will take you about 12years to get a green card through your sibling. If you decide to come to the US to visit and you stay past the allotted time given to you, you fall out of status and can get deported. In addition to that, falling out f status will affect whatever filings your sibling does for you. The only way I could possibly see you getting a permit to work is if you come in on a Work Visa. Matter of fact, if you come in on a Student Visa, there are limitations on when and how you work and you have to consistently be in school full time. Let me know if you have any follow up questions.

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    • #3
      Hey, thanks for answering. I do have other questions.

      If I do get a Working Visa how long can I stay there working? Can I extend it indefinitely while I'm there?

      And...

      If I asked for Asylum and I stay there under that premise, can my sister begin the process of the F4 in the meantime? (The Asylum reason is legit, not made up).

      Is there really no preference of US Born Citizens over people who nationalized? This leaves our family on a hard spot but I suppose the Asylum choice is still there.

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      • #4
        hello, my comments may come late already cuz i just started looking for relevant forums to help us by.


        I think that if F130 form is filed earlier than applying a US tourist visa, the latter is forfeited.

        We are siblings of four and we are on our first steps to identifying official requirements.

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