I551adjust B2 sister?
May 14th 2001, 3:35 am
#1
Guest
Posts: n/a
Hello-
My wife is a Permanent I-551 cardholder, obtained via marriage to me, a USC. We would
like to adjust the status of her B-2 sister to a more secure class, maybe I-551 or
something else. Can this be done? How?
THANKS
My wife is a Permanent I-551 cardholder, obtained via marriage to me, a USC. We would
like to adjust the status of her B-2 sister to a more secure class, maybe I-551 or
something else. Can this be done? How?
THANKS
May 14th 2001, 9:00 pm
#2
Guest
Posts: n/a
>
>
>
>
Ignore my ignorance, but if her sister is already in the USA on a B-1/B-2, can't she
continue to stay here till the GC application is approved?
Won't that be a legal status?
Thanks, Sea J.
>
>
>
Ignore my ignorance, but if her sister is already in the USA on a B-1/B-2, can't she
continue to stay here till the GC application is approved?
Won't that be a legal status?
Thanks, Sea J.
May 14th 2001, 10:14 pm
#3
Guest
Posts: n/a
"Sea J." wrote:
>
[usenetquote2]> >You will then see that the priority date for the F4 category is stuck in the late[/usenetquote2]
[usenetquote2]> >1980's for most of the world, and as early as the 1970s for the Philippines. What[/usenetquote2]
[usenetquote2]> >that means is that people who filed their I-130s back then are only just now[/usenetquote2]
[usenetquote2]> >becoming eligible for getting a Green Card[/usenetquote2]
>
>
>
>
>
The "GC application" is a two-step process: the I-130 and the I-485. (The second
step can be consular immigrant visa processing, but we will leave that aside for
the moment.)
The I-130 may be filed, and the date of filing is the priority date. When the I-130
priority date falls before the cutoff date for that category by the State Department,
then Form I-485 can be filed.
Only the filing of Form I-485 grants the applicant legal status in the U.S. The mere
filing of Form I-130 gives no status whatsoever. As Ingo pointed out, it may take 10
or 20 or 30 years before the priority date becomes current in this category, Family
4, and the I-485 can be filed.
The B-2 status of the sister will last at most one year from entry to the U.S.,
assuming it is successfully extended for one additional six month period. INS will
almost certainly not extend the B-2 status for any further period of time.
If the sister stays in the U.S. beyond the expiration date of her authorized status,
she loses eligibility to file Form I-485.
If the sister stays in the U.S. beyond the expiration date of her authorized status,
she will begin to accumulative "overstay" time toward the 3 and 10 year bars. If she
accumulates more one year of overstay time, and then leaves the U.S., for example to
attempt to undergo consular immigrant visa processing, she will then be barred from
the U.S. for 10 years.
>
[usenetquote2]> >You will then see that the priority date for the F4 category is stuck in the late[/usenetquote2]
[usenetquote2]> >1980's for most of the world, and as early as the 1970s for the Philippines. What[/usenetquote2]
[usenetquote2]> >that means is that people who filed their I-130s back then are only just now[/usenetquote2]
[usenetquote2]> >becoming eligible for getting a Green Card[/usenetquote2]
>
>
>
>
>
The "GC application" is a two-step process: the I-130 and the I-485. (The second
step can be consular immigrant visa processing, but we will leave that aside for
the moment.)
The I-130 may be filed, and the date of filing is the priority date. When the I-130
priority date falls before the cutoff date for that category by the State Department,
then Form I-485 can be filed.
Only the filing of Form I-485 grants the applicant legal status in the U.S. The mere
filing of Form I-130 gives no status whatsoever. As Ingo pointed out, it may take 10
or 20 or 30 years before the priority date becomes current in this category, Family
4, and the I-485 can be filed.
The B-2 status of the sister will last at most one year from entry to the U.S.,
assuming it is successfully extended for one additional six month period. INS will
almost certainly not extend the B-2 status for any further period of time.
If the sister stays in the U.S. beyond the expiration date of her authorized status,
she loses eligibility to file Form I-485.
If the sister stays in the U.S. beyond the expiration date of her authorized status,
she will begin to accumulative "overstay" time toward the 3 and 10 year bars. If she
accumulates more one year of overstay time, and then leaves the U.S., for example to
attempt to undergo consular immigrant visa processing, she will then be barred from
the U.S. for 10 years.
