asdflkjh

Hello everyone, I hope you can help with my question.

I am an Australian citizen. My sister is a naturalised US citizen. I will soon be going to the USA on an E3 skilled professional visa. As I understand it, this is not specifically a "dual intent" visa, but neither is it forbidden to apply for AOS.

I do not yet know if my employer will be prepared to file for an employment-based GC.

If my sister filed to bring me as a sibling, and I was currently in the US on an E3 visa, would I be permitted to stay while waiting for the PD to become current (I know it takes several years for siblings)???

Thanks!!

ian-mstm

You are allowed to stay in the US as long as your E3 status is valid. If the E3 expires and the PD has not yet become current, you must leave the US. By the way, "several years" is currently about 8 years.

Ian

augigi

Is that different from applying for an employment-based GC from an E3? I assumed once you filed for the AOS, your E3 would be suspended and you'd be "pending AOS". Then again, that may just be different for EB categories.

Edit: BTW, that question was related to me, not the OP.

scrubbedexpat099

Pretty sure it is 10 plus years.

Joe Feise

ian-mstm wrote on 08/30/07 05:36:

>> Hello everyone, I hope you can help with my question.
>>
>> I am an Australian citizen. My sister is a naturalised US citizen. I
>> will soon be going to the USA on an E3 skilled professional visa. As I
>> understand it, this is not specifically a "dual intent" visa, but
>> neither is it forbidden to apply for AOS.
>>
>> I do not yet know if my employer will be prepared to file for an employment-
>> based GC.
>>
>> If my sister filed to bring me as a sibling, and I was currently in
>> the US on an E3 visa, would I be permitted to stay while waiting for
>> the PD to become current (I know it takes several years for
>> siblings)???
>>
>> Thanks!!
>
> You are allowed to stay in the US as long as your E3 status is valid. If
> the E3 expires and the PD has not yet become current, you must leave the
> US. By the way, "several years" is currently about 8 years.


10 years for Family category 4, according to the latest Visa Bulletin.
Even longer for people from certain countries.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

Noorah101

Yes, it's different. Someone with an I-130 in the system to immigrate as a sibling, and who also wants to remain in the USA while they wait for PD to become current, must have a valid status in the USA, such as through employment or school.

Rene

augigi

Excellent, thanks!