Stay while application is processed

Hello:
My son came in legally on a visitors visa in 1990 and overstayed. Now his US born sister became 21 and is about to petition to him as a sibling citizen. We were told that this takes 12 years and that, during that time he cannot get a workpermit, the he cannot leave the US and so on. That he thus basically has to stay under the radar as an illegal.
Thanks for your feedback
Andre

In my opinion sibling petitions are not worth it and not worth spending the money. He has a better shot at waiting for the DREAM Act. He would have to wait 12 year or more depending the country that you are from.
http://www.uscis.gov/portal/site/usc...00082ca60aRCRD
Preference Categories

Preference categories apply to family members who are not immediate relatives. The visas alloted for these categories are subject to annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). Preference categories are grouped as follows:

First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)
Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
Second Preference (2B): Unmarried adult sons and daughters of permanent residents
Third Preference: Married sons and daughters (any age) of U.S. citizens
Fourth Preference: Brothers and sisters of adult U.S. citizens

siblings are under the fourth preference category. We don't get automatic visas like spouses or children of USC's do. Parents can only really be petitioned by their USC son's or daughter's if they live outside of the country, came in with a visa, and only have unlawful presence in the U.S. If they came in EWI or have had prior contact with USCIS their is nothing their USC children can do.

Hello:
Thank you for the fast answer. However, another problem: he is 32 right now, thus cannot qualify for the DREAM act. His country of origin = Belgium

I was just about to ask how old he was thinking he might have a chance with DACA. Well if he doesn't qualify for the DREAM Act then he might most likely qualify for Comprehensive Immigration Reform once it passes (hopefully this year!). No one really knows the exact requirements yet so just keep coming on here and also watching out for news. In your community some organizations might even hold Immigration Forums do try and attend those!

If he's a visa overstay, even if he does get approved under the sibling petition (10+ years), he still has to leave the country and serve out the 10 year ban! If he left now, he could probably get back in the US in 10-15 years legally....

... or he can wait and see if he qualifies for whatever they're cooking up in congress these days.

Mmm I personally think it'd be best if he waits to see what will happen with CIR and also perhaps start leaving a paper trail?

http://travel.state.gov/visa/bulleti...etin_5900.html

This chart gives you the priority dates for the visa categories, so it gives you an idea of how long your son would have to wait. For the sibling category in April 2013 they will be processing I-130's filed May 2001.

As other have said; wait for a cir. If a dream act passes it might not retro

All this made me think of something else. I do have an "O" visa. It expired but I am told it is not too difficult to re-activate. I also overstayed and was deported in 2000. Thus I sat out the 10 year ban and visited in 2010. Since the life of my son is more important, nothing has been done in my case.
BUT, be reviewing the USCS site it seems to me that, if my daughter, US citizen, petitions for me, it would go a lot faster than for her brother. Then, once I got my status adjusted, I could petition for my son. As far as I can see is parent-child a second (2B) preference. Woulnt that be a possible solution for our problem ?

Oops, double post