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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Umesh, Can I benefit from 245(i)?
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<Anna>
Posted
I am a USC and want to sponsor my orphanted sister, who is 16, to come and live with me. If she enters now on B1 and overstays, can we wait for adjustment here, and would we benefit from 245(i)? Thanks.
 
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Picture of Umesh Passi
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To Anna:
You can sponsor your sister but it will take 12 to 20 years for her to get her GC. Siblings are under family category F4 and it has long wait. It would be better if she tries to change her status to Student Visa.
Good luck.
 
Posts: 456 | Registered: 05-30-2003Reply With QuoteEdit or Delete MessageReport This Post
<Anna>
Posted
Thank you, Umesh. So you think that we would be better off enrolling her in school and gettting an F-1, and staying in school till she gets her visa number (12-20 years)?
Do you think that we have a chance with filing I-360 as a special immigrant juvenile. She is unmarried and under 21. The other two requirements are unfamiliar to me:
*has been declared dependent upon a juvenile court in the US or who such a court has legally committed to, or placed under the custody of, an agency or department of a state and who has been found eligible for long-term foster care; and
*has been the subject of administrative or judicial proceedings in which it was determined that it would not be in the juvenile's best interests to be returned to the juvenile's or his/her parent's country of nationality (I understand this one, that's the point, that she cannot go back home).
I understand that the claim to eligibility has to be based upon the court or administrative documents. We have to have some juvenile proceedings. I just don't know where to start. What do you think I should do? Contact government agencies that deal with juveniles? What are they? Thanks again.
 
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<J>
Posted
from what state are from Anna?
 
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<a>
Posted
WA state
 
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