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I-130 for Sister w/ Visa

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  • I-130 for Sister w/ Visa

    Hello all, I am planning on filing a I-130 for my sister. She has a tourist visa, would filling a I-130 for affect her visa?

    Given the long wait times, would the petition make it hard for her to renew her visa?

  • #2
    If you are going to submit an I130 application, then she can't renew the tourist visa I guess. Pls, check with an attorney. The waiting time for I130 is around 4 to 5 yrs, then the priority date need to be current (17 to 40 yrs) for adjustment status.

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    • #3
      In case sister/brother is in US with B1/B2 visa, can I fill I130 for them? And after filling I-130, they can stay in US with pending status ? is it legal?

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      • #4
        Originally posted by nanana View Post
        In case sister/brother is in US with B1/B2 visa, can I fill I130 for them? And after filling I-130, they can stay in US with pending status ? is it legal?
        No. A pending or approved I-130 does not allow the beneficiary any rights to enter or stay in the US. They have to wait until a visa number is available for their category and priority date before they can immigrate.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Originally posted by lhpaga View Post
          Hello all, I am planning on filing a I-130 for my sister. She has a tourist visa, would filling a I-130 for affect her visa?

          Given the long wait times, would the petition make it hard for her to renew her visa?
          It may or may not affect it. It's up to the visa officer.

          This is my personal opinion and is not to be construed as legal advice.

          Comment

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