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?

Related Topics:
1 Lawyer Answer

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.