Immigration Help

[t74]

The road to residency is that your mother had while illegally present as an overstay in the US; a parent of a US citizen has illegal presence "forgiven" and can adjust status while illegally in the US as long as the parent entered with inspection (i.e. cisitor or guest worker or student, etc.) visa.

A sibling cannot adjust status to a permanent resident if not legally present in the US; you must be residing outside the US unless you have a dual intent visa like an H-1B or L-1. If you have overstayed and incurred a ban from entry (for example for 10 years for an overstay exceeding 1 year) or other bar from entry due to deportation, etc., it must be served before a sibling f4 visa will be granted. So, iuf you hope to enter on that basis, you better NOT enter and remain without a proper status.

There are better forums for immigration discussions.

 

[FlyingRon]

He's not a parent of a citizen, he's a son (or perhaps daughter, not clear from the post). He can't adjust status PERIOD. He is not currently in the US (legally or otherwise).

 

[t74]

Too many people do not understand the differences between immigration requirements based on family relationships. Too often they believe that all categories can have derivative beneficiaries and do not understand that certain relationships have more lenient rules when it comes to illegal presence i the US.

There is much information from the government and forums and legal websites about the process.

 

[FlyingRon]

I understand perfectly. He's not currently in the US. Reading between the lines, I suspect he did a voluntary departure and is subject to a three year bar. There's no way to adjust status. He's going to have to start over on in one of the family preference categories. Since mom is now dead and it doesn't seem like anything was pending when she died that would allow him to use her, his only option as pointed out early on in this thread is his brother. This puts him way down in a preference class the the priority date is around fifteen years.

At this way, there's no way he's getting permanent residence in a hurry. In fact, he's got little chance of getting the bar waived, and further, even if he could somehow lie his way past his immigrant intent, they wouldn't let him in either due to the covid rules in place right now.

 

[t74]

I understand perfectly. He's not currently in the US. Reading between the lines, I suspect he did a voluntary departure and is subject to a three year bar. There's no way to adjust status. He's going to have to start over on in one of the family preference categories. Since mom is now dead and it doesn't seem like anything was pending when she died that would allow him to use her, his only option as pointed out early on in this thread is his brother. This puts him way down in a preference class the the priority date is around fifteen years.

At this way, there's no way he's getting permanent residence in a hurry. In fact, he's got little chance of getting the bar waived, and further, even if he could somehow lie his way past his immigrant intent, they wouldn't let him in either due to the covid rules in place right now.

I was speaking about OP (and many other immigrant hopefuls who may read this thread in the future) not understanding the process. The most misunderstood among inquirers is the differences in derivative beneficiaries in the various classes. OP has received many valid responses and can obtain even more with a web search and other forums.

immigration is highly unlikely to be quick (marriage to a US citizen is always an option). OP's post indicates a desperation to be in the US; I cautioned about foolishly being illegally present. OP should realize that a green card via employment - if qualified - will be faster than a sibling petition.