Immigration Issues/Petition for my mother and sister
I am a US citizen. I am filing an I-130 for my mother concurrently with I-485 and I-765. Both my mother and sister are currently in the States on a PENDING status. They applied for an extension of their current status (R-2, my father is a religious worker also pending to extend his R-1 visa) 2 days after their current I-94 expired, due to an administrative mistake. My sister is 20 years old, single.
I know my mother's petition will be most likely approved with no problem, but I am worried about my sister.
If I petition for my sister directly (130) she will have to wait about 11 years for a visa number, so I was thinking of submitting a 485 for my sister together with my mother's 130 and 485 and try to adjust her status together with my mother's, as her dependent. Has anyone ever tried this successfully?
I cannot find a statute that would say for sure if this is a possibility or not, and I am concerned that if I attempt to do so, BCIS would try to get my sister deported for overstaying her current I-94 (R2) for 2 days.
Please, any light on this issue will be greatly appreciated. Thank you.
You cannot file the I-485 for your sister concurrently since there are no visa numbers available for this category. You can look at the USCIS website for information on this. http://www.uscis.gov
under permanent residency through family or http://travel.state.gov/visa/immigrants/types/types_1306.html
You cannot file for your sister's I-485 concurrently, it will be denied. No one has tried it successfully for the reason visa numbers are not available