Sibling Green Card Petition for DREAMer - Page 2

4 Months is 100% bullshit. Even if you were married to a US citizen, it'd be at least 6 months for the paperwork to go through.

Google Visa Bulletin and check to see what priorit date they are processing now. This would be under F4 - family preference. When your application is accepted, that will be your priority date.

Keep in mind that once your priority date is current, you will need to be eligible to adjust your status which means you have to have to be here on a visa, or 245i exempt (which you are likely not).

Also keep in mind that your sibling is NOT considered immidate family like your husband/wife would be or your citizen parent (to you) would be (the opposite is not true - ie you are not considered immediate family to your parents). This is a very important contrast because if you were a visa overstay, an immediate family petition would let you adjust your status or you could get AP or something, but you can't do that with F4. I'm not a 100% sure but I don't think AP works for F4...maybe Demise can chime in.

It will also best case take around 13-15 years. Should you do it? Hell yes. My brother petitioned me back in December of 2005, at a time when things were looking good for immigration reform, me getting married, or at least the Dream Act and it was supposed to be a last resort but 12 years and 10 months later, here I am and this is my last lifeline.

For you, who knows...maybe there will be immigration reform in 5 years. Then again maybe the reform will not give you a green card and just make you be legal so this may end up coming in handy.

$5000 seems a bit steep though...$1000-$2000 is more like it. Unless he's talking about the whole process in which case he likely won't be alive by the time it's current.

Are you sure that entry with inspection is enough for this if he's still out of status? I mean a visa overstay also had an Entry with Inspection but they are not able to adjust their status when it's a sibling (ie. not immediate family the way a spouse is). Is DACA +AP enough for this I'm curious about this myself.

Edit, I was right: Page 7 explains it. AP only works for immediate family. Other adjustment of status attempts need 245i https://www.ilrc.org/sites/default/f...t-20160531.pdf

Holy crap, I was not aware that AP does not work for anything other than immediate family!


Quick question,

If you are a USC and want to petition for your parents, they are immediate family to you correct? So entry with inspection would work correct?

OP here. I did not come on here on a visa. I came here illegally, I was so young I dont even remember. I think it was through someone elses papers. So Im not an overstay. I came by plane through JFK airport in NYC.

Adjusting is not possible if this is the case unfortunately.

The only viable way would be for you to adjust would be to do AP with DACA, this would clear your illegal entry. (Check if there is no inadmissibility for having used someone else's papers).

You can then adjust by marrying a USC down the line. (Again, I do not know if you have admissibility issues due to having used someone else's papers. Hopefully it was not using someone's US passport.)

Yes! If you are a USC, your parents are considered immediate family but the reverse is not true! My mother was able to adjust her status after her son petitioned her...it took like 6 months the same way marriage to a USC would have. She WAS 245i exempt but didn't even need that because of some other rights afforded to her under Exclusion (which doesnt exist anymore)...namely that she wasn't technically EWI.

Well given that we don't know what happens 15 years down the line, I would still do this. You CAN adjust your status if you leave the country but would be subject to the 10 year ban. Maybe that ban is removed at some point during this time. It wouldn't hurt anything to at least have this as a backup backup plan.

A sibling petition would not excuse unlawful presence because it is not an "immediate relatives" category.

Therefore, the petition would not be successful for AOS unless under 245I

My mom's sister applied for my mom back in 1997 and it looks like this year or next year her priority date is going to come valid. Now, by reading this thread you guys are making me nervous. Is she not going to be able to adjust status because she is living in here in the US? She's been here since 1995 and is a tourist visa overstay from Mexico.

Your mom's application is under 245i!