Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
If you are in the US illegally, you will not be able to qualify for the green card without leaving the country. If you have overstayed for 6 months or more you will be barred from returning for 3 years. If you have overstayed for 1 year or more you will be barred for 10 years.
Answer Applies to: New York
Law Office of Immigration & International Trade Law | Linda Liang
No, nobody goes beyond the law. The beneficiary has to wait outside US unless the beneficiary has legal immigration status independent to this petition.
Answer Applies to: Florida
All American Immigration | Tom Youngjohn
Please get a second opinion from another immigration attorney. No. It means that, unless the law changes, the sibling won't be able to adjust in the US after the 12 years pass. It means that, unless the law changes, the sibling will have to leave the US to consular process, immediatly subjecting them to a 10 year Bar to adjustment, which can only be waived if there is not the wrong kind of criminal record and if there is/are the right kind of qualifying relatives legally 'residing' in the US.
Answer Applies to: Washington