Quote:
Originally Posted by spaintoamerica
Hi all, reviving this thread with a 245i q of my own.
My mother and I were petitioned by her then husband in 1997 (I-130). The petition was approved but they never moved forward with it due to marital issues. Fast forward to now, their child (my half sister) is a USC. Would she be be able to petition for me? I believe I qualify for 245i+ I arrived with a visa in 1996 but overstayed + I used AP once in 2015. I’m consulting an attorney this week. Thanks.
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Seeing as the petition was approved, you should be able to use the 245i grandfathering. But just be aware that as a Sibling of a US Citizen, you would be categorized as a F4 visa preference which as of October Visa bulletin is backlogged to 2007.
Two questions: Are you currently married? And has your sister tried petitioning for your mother yet? Assuming she also entered with a visa, your mother (as a parent of a US Citizen) would be immediately eligible for AOS. And then upon receiving her Green Card could petition you as an unmarried adult child of a Permanent Resident which has a shorter backlog, current Visa Bulletin shows 2016. So a 5-6 year wait in comparison to a 14-15 year wait..