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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. under permanent residency through family or

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

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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