US Family Based Immigration on Visitor Visa!
Mar 7th 2012, 8:42 pm
#16
American Expat
Joined: Jan 2004
Posts: 7,598
Re: US Family Based Immigration on Visitor Visa!
[QUOTE=ultimate12570;9941353]
A person who enters on the VWP is absolutely prohibited from adjusting status based on a petition filed by a US citizen sibling but feel free to do what you want to do. An immediate relative (IR) can apply, but a sibling is an F41 and cannot.
Be aware that any I-485 you file as a VWP entrant sibling of a USC would be deemed frivolous even if the visa number becomes available, which takes 10 to 12 years lately. There is no basis under the law for it to be approved. However, feel free to try it out and let us know how it goes.
You seem to think that in the category of visa you'll be applying for (Immigrant Visa, sibling of a USC), that the UK has a different time frame than third world countries. This is not the case. Even people in Canada, which is right ON the border with the USA, have the same amount of waiting time that someone from Pakistan does. That would be about 10 - 12 years.
Rene[/QUOTE
please have a look of these US immigration Rules...from government immigration website...
What Happens Next?
If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.
If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”
Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on “Check My Case Status” in the links to the right. For visa availability information, see the “Visa Bulletin” link to the right.
Rene[/QUOTE
please have a look of these US immigration Rules...from government immigration website...
What Happens Next?
If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.
If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”
Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on “Check My Case Status” in the links to the right. For visa availability information, see the “Visa Bulletin” link to the right.
Be aware that any I-485 you file as a VWP entrant sibling of a USC would be deemed frivolous even if the visa number becomes available, which takes 10 to 12 years lately. There is no basis under the law for it to be approved. However, feel free to try it out and let us know how it goes.
Mar 7th 2012, 8:50 pm
#17
Account Closed
Joined: Mar 2004
Posts: 2
Re: US Family Based Immigration on Visitor Visa!
Do you have a visa number available to you?
Mar 7th 2012, 8:50 pm
#18
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: US Family Based Immigration on Visitor Visa!
please have a look of these US immigration Rules...from government immigration website...
What Happens Next?
If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.
What Happens Next?
If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.
If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”
Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on “Check My Case Status” in the links to the right. For visa availability information, see the “Visa Bulletin” link to the right.
Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on “Check My Case Status” in the links to the right. For visa availability information, see the “Visa Bulletin” link to the right.
Rene
Mar 7th 2012, 10:02 pm
#19
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: US Family Based Immigration on Visitor Visa!
What we've got here is a failure to communicate.
Ian
Mar 7th 2012, 10:39 pm
#20
BE Enthusiast
Joined: Jan 2012
Location: Lexington, KY
Posts: 674
Re: US Family Based Immigration on Visitor Visa!
I've lived in the UK my whole life and, even though I'm hoping to move to the US, I love it here. This comment, however, made me want to leave today and not come back.
Mar 7th 2012, 10:50 pm
#21
Septicity
Joined: May 2004
Posts: 23,762
Re: US Family Based Immigration on Visitor Visa!
How it can be illegal? if i go to US on Visit, as i have british Passport so no need of visit visa, and once i land in the US i can apply adjust of status... that decades waiting times are for people who are in India or Pak and applying from there....but in my case i will be applying within the US...???
As long as you've not got brown skin, just pop over with your Brit passport. Tell the guy at the counter with the uniform on you'll be staying until bro's sponsorship comes up in a decade or so. If the officer seems unsure, just mention the special relationship -- and you'll have bagged it.
Mar 8th 2012, 3:28 am
#22
BE Forum Addict
Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,913
Re: US Family Based Immigration on Visitor Visa!
Also, note that you can only apply to adjust status after a visa number becomes available - which in your case would be about 12 years after your brother applies for you ...
Mar 8th 2012, 6:27 am
#23
Forum Regular
Joined: Nov 2007
Location: Denver, Colorado
Posts: 293
Re: US Family Based Immigration on Visitor Visa!
You're right -- they're just pulling your leg here.
As long as you've not got brown skin, just pop over with your Brit passport. Tell the guy at the counter with the uniform on you'll be staying until bro's sponsorship comes up in a decade or so. If the officer seems unsure, just mention the special relationship -- and you'll have bagged it.
As long as you've not got brown skin, just pop over with your Brit passport. Tell the guy at the counter with the uniform on you'll be staying until bro's sponsorship comes up in a decade or so. If the officer seems unsure, just mention the special relationship -- and you'll have bagged it.
Mar 8th 2012, 5:24 pm
#24
Forum Regular
Joined: Feb 2012
Posts: 56
Re: US Family Based Immigration on Visitor Visa!
Hi, Entering on the visa waiver is not classed in immigration terms of being here legally to adjust statuses and stuff, I get where you can assume that but it simply isn't true. As I said in my previous post to you, I applied 10 years ago and I am still waiting for my 'number' to come up, once it does I can adjust status etc as the article you copy and pasted suggests. I ma british through and through by the way...welsh born and bred. Once you enter using that vwp you agree to waive your rights basically and agree to simply be a 'visitor' which means you cannot work, claim any benefits, apply for assistance, adjust status etc.
It is frustrating to hear, I understand that but get used to being frustrated love, you are about to enter the realm of American immigration where nothing is fair and not much make sense.
It is frustrating to hear, I understand that but get used to being frustrated love, you are about to enter the realm of American immigration where nothing is fair and not much make sense.
Mar 9th 2012, 1:02 am
#26
Lost in BE Cyberspace
Joined: Oct 2003
Location: Avon Lake, OH
Posts: 5,270
Re: US Family Based Immigration on Visitor Visa!
Here's an idea. Have your bro file the I-485 and in a week or so, when it gets sent back saying he has no basis to file it, you'll have the answer right from the horses mouth. However, I'm not sure how he will fill it in without lying since he won't have some of the info, like the petition the application would be based off. If you're lucky the government will just think you're a couple of numpties. If not he could find himself in a spot of bother for fraudulently filling in the form.
Mar 9th 2012, 1:32 am
#27
American Expat
Joined: Jan 2004
Posts: 7,598
Re: US Family Based Immigration on Visitor Visa!
Here's an idea. Have your bro file the I-485 and in a week or so, when it gets sent back saying he has no basis to file it, you'll have the answer right from the horses mouth. However, I'm not sure how he will fill it in without lying since he won't have some of the info, like the petition the application would be based off. If you're lucky the government will just think you're a couple of numpties. If not he could find himself in a spot of bother for fraudulently filling in the form.
I heard of an F-1 student who sent in an N400 with the fee. The kid thought... I've been permanently residing in the US for 5 years as a student... I'll apply. CIS processed the application quickly. They cashed the check and sent a letter that I will paraphrase.... 'You don't even have an A#, thanks for the money, go play in traffic.... application denied.'
Mar 9th 2012, 7:42 am
#28
Account Closed
Joined: Mar 2004
Posts: 2
Re: US Family Based Immigration on Visitor Visa!
That always made me wonder, so many posts by those on Student Visa's allegedly come across that they would be hard pushed to pass the 11+.
