Irving, TX asked in Immigration Law for Texas

Q: My sister is in US on B1 visa, can I file her AOS 485 and can she get EAD and work here till her GC is approved?

She is German citizen and place of birth is Pakistan (so no queue.)

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
Answered
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: The priority date for "rest of the world" category is not current for siblings of US citizens so you can only file the I-130 immigrant petition but not the I-485 and EAD applications. Consult in private with an immigration attorney to explore your options.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If your sister is currently in the U.S. on a B1 visa, filing an Adjustment of Status (AOS) application through Form I-485 may be a possibility for her, particularly if she is eligible under certain categories like family-based or employment-based immigration. However, it's important to understand that eligibility for AOS can depend on various factors, including her current visa status, the reason for her entry into the U.S., and her immigration history.

Regarding the Employment Authorization Document (EAD), your sister can apply for it concurrently with the AOS application. If approved, the EAD would allow her to work in the U.S. while her green card application is being processed. It's crucial to note that the processing times for both AOS and EAD applications can vary, and having an EAD does not guarantee that the green card will be approved.

Given the complexity of immigration laws and the potential risks of status violations, it's advisable to consult with an immigration attorney who can assess your sister's specific situation. An attorney can provide guidance on the best course of action, help with the preparation and submission of the necessary forms, and ensure compliance with all the legal requirements. Remember, each immigration case is unique, and professional legal advice is invaluable in navigating these processes.

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