Can someone get a green card if they overstayed their original visa? 2 Answers as of February 15, 2011She originally met and married a US citizen and was in the process getting a green card, but her husband divorced her. She was granted a work permit, US ID, and social security, which have all expired now. She has overstayed. We have the same biological father. However he is going through his own separate immigration case. I would like to sponsor her being that I am a US born citizen. How far down the priority list would our case be and would she have any extra hurdles? She overstayed her original visa by 12 years or so and had continued to live in the US.
Pacifica Legal Services | Floyd Fernandez
You can certainly petition for your sister, but that is only the beginning. The average time for an approved petition for a sibling of a U.S. citizen will be at least 14-19 years. And once your sister is identified as being in the U.S., she is subject to being apprehended by the immigration authorities (ICE). However, even if her husband divorced her, if there was a previously approved petition which he had not revoked, then assuming that the petition, since your sister overstayed her work permit alone by 12 years, was before April 30, 2001, and that a valid work authorization existed for your sister during that time as well, the petition by you will enable her to remain until she is eligible to apply for adjustment of status (green card). So I would certainly proceed. If you want to discuss this further, by all means call me or e-mail me.
Answer Applies to: California