change of status for my siblings

[michelfall]

I am a U.S citizen wanting to help my 2 siblings to adjust their immigration status. My 2 brothers are ages almost 18 and almost almost 16. they entered the U.S legally 7 years ago, I have cared for ever since. their passports are lost along with their multiple entry visitor visas and I-94. I can get them new passports, but without the visas and I-94 information how would we go about applying? any other tips? thanks!

 

[ImmigAttyLana]

You can try to obtain a copy of their I-94 but the point is really that the process of you filing for them will take about 10-12 years so it is not really a very realistic situation at this time. You should have filed for them as soon as you became a US citizen. At this point, really, probably the faster way will be for them to get a green card on the basis of marriage once they are ready to do so.

 

[michelfall]

You can try to obtain a copy of their I-94 but the point is really that the process of you filing for them will take about 10-12 years so it is not really a very realistic situation at this time. You should have filed for them as soon as you became a US citizen. At this point, really, probably the faster way will be for them to get a green card on the basis of marriage once they are ready to do so.

Thank you Lana for your response. Why would it take 10 to 12 years?

 

[mlambo]

They came in 7 years ago under what non-immigrant visa classification? If they have been the US 7 years sounds like they have overstayed their visas.

 

[michelfall]

They came in 7 years ago under what non-immigrant visa classification? If they have been the US 7 years sounds like they have overstayed their visas.

Yes, they have overstayed....they came here with B1/B2 multiple entry visitor visa.....so they entered the country legally...

 

[mlambo]

What country of citizenship for your siblings? Priority dates on the State Dept website relate to country of citizenship. Some have longer waits than others. If they leave, they will have to wait for their date to come up. Could take many years.

Your situation looks like your siblings would not qualify for an automatic adjustment to LPR status unless you adopted them. If you are the sole caregiver, maybe consider adoption!

I would definately contact and immigration attorney in your area. If $$ is an issue, go to Free Legal Services Providers - Free Legal Service Providers for a list of attorneys that could provide advice at a free or reduced cost. Nip this in the but now because once they turn 18, they are adults and would likely be treated tougher than they would be now. They will eventually come in contact with CBP or ICE and excluded or deported unless you act now!

 

[mlambo]

Dont bother with I94 now. They are here illegally.

 

[ImmigAttyLana]

Adoption will not work if they are over the age of 16 (for immigration purposes, that is). If they are here unlawful for 7 years, even after the 10-12 years that it takes for a visa priority date to become available, they will not be eligible for adjustment if they are not in the US lawfully.

As I stated before, at this point, the only solution for them to legalize their status without leaving the US and being barred from reentry for a period of 10 years would be through a valid marriage to a US citizen, if and when the time comes for them to marry.