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  • Sibling based Immigration

    Hi,

    My wife's sister got her citizenship last week.

    Me and my wife are currently in the USA on H1B and H4 visa
    respectively.

    I have a few qtns about our situation ---

    1) If my wifes's sister files for her GC (Sibling based immigration)
    while she are currently in the USA .... how long does it take on an
    average to get the entire process through. In the meantime can my
    wife stay in the USA on a pending case status ?

    2) If my wifes sister files for her GC ( Sibling based immigration )
    while she is outside the USA ( in her home country ) ..... how long
    does it take on an average to get the entire process through. In the
    meantime can she make trips to the USA on a B1/B2 visa which she
    already has stamped in her passport?


    Your reply with explaination or opinion/advice is appreciated !

    ----------------------

    I know a friend of mine who filed for change of status for his parents from B1/B2 to GC after they came to USA from India on a B1/B2 and got through in 2 years.

    Plz advice

  • #2
    1.- Anywhere from 15-18 years... and no, your wife must maintain her own legal status. Her sister can only file an I-130 and that does not give any legal status.

    2.- About the same about of time... but it will be harder for your wife to enter as a non-immigrant (specially obtaining visas).
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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