Cincinnati, OH asked in Immigration Law for Ohio

Q: Adjustment of status for a sibling on a B1-B2 visa

I am a U.S citizen and my biological sibling is currently in the U.S on a valid B1-B2 visa. Is he eligible for adjustment of status while in the US?

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1 Lawyer Answer
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA

A: Most likely not, as it does not sound as though you have filed an I-130 petition for your sibling. In order for your sibling to be eligible for adjustment of status they would need to have an approved I-130 filed on their behalf and the priority date would need to be current at the time they filed for adjustment and they would need to be in lawful immigration status and never have violated their visa, worked without authorization, or been out of status at any time.

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