Can a sbling file a I-130 petition? 3 Answers as of April 27, 2011My citizen sister made a petition for me on december 2009, on january 2010 I received a receipt notice and on september 2010 an approval notice. My question is that I have been in the US out of status for 9 years , will that complicate things if I ever get approved. I have been paying taxes and no criminal record ever.
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Sibling to sibling takes at least 8/10 years before the visa number is current (so don't go by the I-130 approval notice). If you are in the U.S. Without lawful status, then when the visa number is current unless you are 245(I) eligible then you will to leave the U.S. And consular process.
Answer Applies to: Florida
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, your out of status situation will defintely "complicate things" but whether you can adjust your status may well depend upon whether you can prove that you originally entered the country legally (with a proper visa and with inspection).
Answer Applies to: Virginia