Q: U.S citizen, filed petition for sister 5 years ago , in pending status. she traveled to U.S with B1/B2 - how legal stay
I am a U.S citizen who filed petition for green card for my sister 5 years ago, now petition is in pending status. In the meantime now she came with her husband to travel to U.S. Is there a way she can stay legally. It is very important that she stay legally since her husband want to work professional job. If she can stay legally what is the next step she should take?
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A:
Your sister’s current status in the U.S. is as a visitor on a B1/B2 visa, which allows her to stay temporarily for up to 6 months. Since you’ve already filed a family petition for her, it does not grant her immediate legal permanent residency or allow her to work in the U.S. during this visit. The petition process for siblings typically takes several years, and until it's approved, she cannot stay in the U.S. beyond the limits of her B1/B2 visa without facing consequences.
If your sister and her husband wish to stay legally while waiting for the petition to be processed, they need to explore other options. One potential route might be for her husband to seek a work visa if he qualifies for a professional position, such as an H-1B visa. If granted, this would allow them to remain legally in the U.S., but it does not affect her green card process.
It’s important that your sister does not overstay her B1/B2 visa or try to change her status without proper guidance, as this could affect her future immigration options. She should consult immigration resources to understand the most appropriate steps to take based on their situation.
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