My SIL is an illegal immigrant in the US. I'll call her a fake name, Patrice. Her sister (my other SIL) who is an American citizen applied for her to get a green card back in 2000. I am African American and my husband's Nigerian. I have been watching the news and I fear that the US is about to become even harder for illegal immigrants. I suggested to Patrice that she go see an attorney so they can hopefully check on her application and speed up the process. I have heard that the waiting period for siblings to get called in is 10 years.

Patrice doesn't like discussing this and hasn't been returning calls lately. My husband won't talk to me about this and he does not want me to talk to his other sister even to ask her about the application. One thing I wonder about is if they ever updated the address since both have moved since 2000. I know she's an adult and should be taking care of her business, but she isn't. Maybe I'm missing something. What advice can you give me about how to handle this? How long is the waiting period for siblings? Could an immigration lawyer help speed up the process? If I call my other SIL to discuss this, I'm going against my husband. But, this seems like a disaster waiting to happen. Your opinions/thoughts are much appreciated.

Obey you husband in all things & be an obediant wife.

Obey? That's a pretty strong word But the thing is I've got a really bad feel about this. The hand writing's on the wall. Is there any way I can convince my husband otherwise? Also, if anyone has gone through getting the green card as a sibling of a US citizen, please share.

For starters . . . nothing an immigration lawyer can do about this.

2. your SIL is an adult and only the sibling to a citizen . . . it will take her a good 15 yrs or thereabout as she is not considered a priority case (children or citizens who are below 18, spouses of citizens e.t.c.)

3. she made a bad mistake going illegal. That will be a stumbling block should her application finally come through, she will be asked to go back to Nigeria to get her visa (you cant get a US visa in the US) and the consular officer back home has the power to deny her a visa because of her present status.

4. What was she doing all those yrs? Couldnt she have married or gotten a work visa?

I would suggest you let your SIL mind her own business and stop working yourself up over it, since obviously nobody wants to discuss it with you.

OP, I don't have personal experience with filing on the behalf of relatives but if your SIL needs a lawyer, she could try contacting Gordon Quan (they're the 2nd largest immigration law firm in the country and their lawyers are continually listed on annual 'Best Lawyer' lists). Chances are slim that she entered the country illegally; I'm guessing her visa expired? An immigration lawyer could speed up the process but speed doesn't always lead towards success; a methodical approach is her best bet.

I understand that you guys are nervous considering the current immigration debates but she needs to keep complying with the government in the best way she knows how. Keep her address current, turn in her documents on time, pay her taxes (does she have a ITIN by any chance? If not, see if she can't apply for one) and just be a law-abiding citizen. If after all of this, your family wants to keep you in the dark, stay there. As long as you don't know what they're doing, if things hit the fan, you're less likely to sink alongside them. I know it sounds bad but the cloak & dagger business just seems off.

Travelista:

OP, I don't have personal experience with filing on the behalf of relatives but if your SIL needs a lawyer, she could try contacting Gordon Quan (they're the 2nd largest immigration law firm in the country and their lawyers are continually listed on annual 'Best Lawyer' lists). Chances are slim that she entered the country illegally; I'm guessing her visa expired? An immigration lawyer could speed up the process but speed doesn't always lead towards success; a methodical approach is her best bet.

I understand that you guys are nervous considering the current immigration debates but she needs to keep complying with the government in the best way she knows how. Keep her address current, turn in her documents on time, pay her taxes (does she have a ITIN by any chance? If not, see if she can't apply for one) and just be a law-abiding citizen. If after all of this, your family wants to keep you in the dark, stay there. As long as you don't know what they're doing, if things hit the fan, you're less likely to sink alongside them. I know it sounds bad but the cloak & dagger business just seems off.

lol sorry but i thought the OP said she has been illegal for some time now.

davidylan:

For starters . . . nothing an immigration lawyer can do about this.

2. your SIL is an adult and only the sibling to a citizen . . . it will take her a good 15 yrs or thereabout as she is not considered a priority case (children or citizens who are below 18, spouses of citizens e.t.c.)

3. she made a bad mistake going illegal. That will be a stumbling block should her application finally come through, she will be asked to go back to Nigeria to get her visa (you cant get a US visa in the US) and the consular officer back home has the power to deny her a visa because of her present status.

4. What was she doing all those yrs? Couldnt she have married or gotten a work visa?

Do u even know anything about US immigration laws at all?

This post made u look like a fool no offense intended.
So far her paper is with USCIS then no cause for alarm. Contact a good immigration attorney and they will surely give u a professional advice but with my own lil knowledge about it, She's gonna get it, she is on a waiting list for a Visa number to become available and they will let her know. Just advice her to stay off illegal stuff cos she will soon be fingerprinted and if any criminal record is found then she aint gonna get it.
The average waiting period is 10 years so i think there is gonna be a light at the end of the tunnel pretty soon.
Do u know by any chance whether she has been given an Employment Authorization Document?

Wonderful . . . all these folks with poor self esteem who seem to think insulting others for no reason gives them an ego boost. He calls me a "fool" for making a post that had nothing to do with him and YET fails to comment on what was foolish about the post.

I dont know much about US immigration at all, i just happen to have lived here for 6 yrs and had to deal with US immigration all that time. So ignorant of me to think i could actually post where the likes of oyewole the great exist.

Now lets go back and read the stupidity in oyewole's post . . .

oyewolejos:

So far her paper is with USCIS then no cause for alarm.

Except of course:

1. She's illegal!
2. You're not supposed to be living in the US as long as you have an immigrant visa application on file, unless you came in on another visa and remain legal while applying for immigrant status. Note spouses of visa lottery winners who were NOT on the lottery when it was approved CANNOT obtain another visa to the US as long as their immigrant visa case remains pending.

oyewolejos:

Contact a good immigration attorney and they will surely give u a professional advice but with my own lil knowledge about it, She's gonna get it, she is on a waiting list for a Visa number to become available and they will let her know. Just advice her to stay off illegal stuff cos she will soon be fingerprinted and if any criminal record is found then she aint gonna get it.

except of course you're forgetting she's ILLEGAL and will be REQUIRED to return to her country of origin to obtain the "approved" green card. The consular officer back in Lagos then reserves the RIGHT to DENY her the green card for remaining in the US illegally after her non-immigrant visa expired.

oyewolejos:

The average waiting period is 10 years so i think there is gonna be a light at the end of the tunnel pretty soon.

For adult siblings its MUCH longer. Its been 10 yrs since her sister filed. Do any of you even READ the original posts you claim to be responding to?

oyewolejos:

Do u know by any chance whether she has been given an Employment Authorization Document?

This is completely absurd. She's illegal so how will she obtain an employment authorization document? That document is reserved for temporary workers like foreign students on an internship or optional practical training after school. She on the other hand will only be eligible for an H1-B visa which she will have to go back to Nigeria to get where she will be DENIED for overstaying her previous visa.

That amount of stupidity one reads here is astounding.

and oh may i add that no attorney can help you "speed up the process".

davidylan:

i just happen to have lived here for 6 yrs and had to deal with US immigration all that time.

Living here for 6 years and don't know how the system works is a testimony to your foolishness and stupidity.
Honestly on a G i wanna let go but it will amount to promoting stupidity if i dont say a word.

davidylan:


This is completely absurd. She's illegal so how will she obtain an employment authorization document? That document is reserved for temporary workers like foreign students on an internship or optional practical training after school.

OMG u are such a big fool. EAD is given to people whose Green Card application is pending. Since u claim to have passed through immigration processes for 6 years u have been here then it speaks volume of your ignorance about the immigration laws here.

All your arguments are baseless but the two i highlighted here is totally wrongggggggg.
Stop spreadng half truth and ignorant as genuine advice.
A fool in America for 6 years is gonna be a fool for ever.
Bring em on mother$ucker, u such a scum bag.

oyewolejos:

Living here for 6 years and don't know how the system works is a testimony to your foolishness and stupidity.
Honestly on a G i wanna let go but it will amount to promoting stupidity if i dont say a word.

lol it doesnt seem you have the capacity to converse without feeding your ego by insulting others. be my guest.

oyewolejos:

OMG u are such a big fool. EAD is given to people whose Green Card application is pending. Since u claim to have passed through immigration processes for 6 years u have been here then it speaks volume of your ignorance about the immigration laws here.

lol no it doesnt dumbo. I OWN an EAD card at present and i have NOT applied for a green card. My brother worked with an EAD card and he didnt have a green card application "pending". Sorry dude, just yelling does not make you smart.

The EAD card is given to folks whose green card applications have been APPROVED but have not yet obtained the card. First you have to apply for an adjustment of status I-485 form to obtain the card if you doing so either to apply for a green card (without having to return to your country) and/or you presently have an expiring H1B visa. Please read this link and disabuse yourself of such silly ignorance. http://www.immihelp.com/immigration/employment-authorization-document.html

Besides, the lady in question CANNOT apply for an EAD card as she is presently OUT OF STATUS and ILLEGAL according to the law. You have to prove LEGAL status on your application for an EAD . . . for example as a student you MUST provide a copy of your VALID I-94, newly issued I-20 . . . as an green card applicant you MUST present a I-485 form. Where is she going to get those from? thin air?

lol yelling and cursing only makes you sound silly.

oyewolejos:

All your arguments are baseless but the two i highlighted here is totally wrongggggggg.

lol no they arent dear . . . i use the EAD card for example so silly folks like you cant just come and be blabbing here.

oyewolejos:

Stop spreadng half truth and ignorant as genuine advice.
A fool in America for 6 years is gonna be a fool for ever.
Bring em on mother$ucker, u such a scum bag.

You seem to be talking to urself . . . be my guest dude. 

davidylan:

lol it doesnt seem you have the capacity to converse without feeding your ego by insulting others. be my guest.

lol no it doesnt dumbo. I OWN an EAD card at present and i have NOT applied for a green card. My brother worked with an EAD card and he didnt have a green card application "pending". Sorry dude, just yelling does not make you smart.

The EAD card is given to folks whose green card applications have been APPROVED but have not yet obtained the card. [b]First you have to apply for an adjustment of status I-485 form to obtain the card if you doing so either to apply for a green card[/b] (without having to return to your country) and/or you presently have an expiring H1B visa. Please read this link and disabuse yourself of such silly ignorance. http://www.immihelp.com/immigration/employment-authorization-document.html

Besides, the lady in question CANNOT apply for an EAD card as she is presently OUT OF STATUS and ILLEGAL according to the law. You have to prove LEGAL status on your application for an EAD . . . for example as a student you MUST provide a copy of your VALID I-94, newly issued I-20 . . . as an green card applicant you MUST present a I-485 form. Where is she going to get those from? thin air?

lol yelling and cursing only makes you sound silly.

lol no they arent dear . . . i use the EAD card for example so silly folks like you cant just come and be blabbing here.

You seem to be talking to urself . . . be my guest dude.

Need i say more? Ignorance is an epidemic that needs to be nip in the bud before it comsumes the whole universe.
U can't give excuses to your ignorance on the subject matter

The bolded part shouldn't be coming from someone who has been here for 72 months.
Arguing with u will be like arguing with a dead man.
U need to start living again Nigga

oyewolejos:

Need i say more? Ignorance is an epidemic that needs to be nip in the bud before it comsumes the whole universe.
U can't give excuses to your ignorance on the subject matter

The bolded part shouldn't be coming from someone who has been here for 72 months.
Arguing with u will be like arguing with a dead man.
U need to start living again Nigga

Its interesting you didnt comment on this initial idiocy from you . . . OMG u are such a big fool. EAD is given to people whose Green Card application is pending. Since u claim to have passed through immigration processes for 6 years u have been here then it speaks volume of your ignorance about the immigration laws here.

Its also interesting that you dont have a comment on this either - Do u know by any chance whether she has been given an Employment Authorization Document?

It is equally interesting that you had NO comment on the immigration website that puts a lot of your moronic babbling to shame. Opinions are two-a-pence, facts on the other hand are sacred.

You can bluster your way with insults all you want . . . the facts stare you in the face. Besides, i'm not much of a fan of Nigerians who luckily find their way across the border and start using denigrating terms like "nigga". It doesnt sound cool, it only sounds illiterate.

davidylan:

lol sorry but i thought the OP said she has been illegal for some time now.

You saw 'Travelista' and refused to ignore the post? Anyway, the sister can be illegal but she may not have been illegal when she entered this country. If she's turned her paperwork in to immigration and they haven't sent her a letter of rejection, chances are that she's just going to have to wait her turn; it's coming but the wait can be long. Illegal aliens (especially those that are trying to correct their situation) hurt themselves when they go off the radar; if she's stays on the straight and narrow, it improves her case.

My SIL overstayed her VISA. Someone on this thread made a good point. Maybe not knowing what's going on with her isn't a bad thing. I do think of course it would have been better for her to think through this first. Getting a work visa would have been a better route. I'll suggest to her that she keep her info current with immigration and consult an attorney.

Travelista:

You saw 'Travelista' and refused to ignore the post? Anyway, the sister can be illegal but she may not have been illegal when she entered this country. If she's turned her paperwork in to immigration and they haven't sent her a letter of rejection, chances are that she's just going to have to wait her turn; it's coming but the wait can be long. Illegal aliens (especially those that are trying to correct their situation) hurt themselves when they go off the radar; if she's stays on the straight and narrow, it improves her case.

Pls re-read this and try and see how absurd it sounds. You cant just post crap and expect to get away with it. Of course you CANNOT be illegal when you enter the US because you need a VALID visa to do so!

Back to her present status . . . the SIL cannot hold another US visa concurrently with an application for a resident visa . . . that is the reason each time you apply for a visa there is a section that SPECIFICALLY asks you IF you have or are in the process of applying for an immigrant visa. Once you tick yes there you are an automatic NO for a non-immigrant visa as that is you having the intention to immigrate. Those of us who actually have to navigate the US immigration system unlike you citizens have experience with this.

too many pple just post with no knowledge of what they are referring to.

April22:

My SIL overstayed her VISA. Someone on this thread made a good point. Maybe not knowing what's going on with her isn't a bad thing. I do think of course it would have been better for her to think through this first. Getting a work visa would have been a better route. I'll suggest to her that she keep her info current with immigration and consult an attorney.

Perfecto. She shld have gone on an H1B visa first and continued renewing it until the residency visa comes through. Its 6 yrs and i think you can renew it once or twice giving you 12-18 yrs to wait for a green card. Once she goes to immigration on an expired visa she shld prepare herself to arrive in Lagos soon.

davidylan:

Pls re-read this and try and see how absurd it sounds. You cant just post crap and expect to get away with it. Of course you CANNOT be illegal when you enter the US because you need a VALID visa to do so!

Back to her present status . . . the SIL cannot hold another US visa concurrently with an application for a resident visa . . . that is the reason each time you apply for a visa there is a section that SPECIFICALLY asks you IF you have or are in the process of applying for an immigrant visa. Once you tick yes there you are an automatic NO for a non-immigrant visa as that is you having the intention to immigrate. Those of us who actually have to navigate the US immigration system unlike you citizens have experience with this.

too many pple just post with no knowledge of what they are referring to.

Perfecto. She shld have gone on an H1B visa first and continued renewing it until the residency visa comes through. Its 6 yrs and i think you can renew it once or twice giving you 12-18 yrs to wait for a green card. Once she goes to immigration on an expired visa she shld prepare herself to arrive in Lagos soon.

*blank stare*

I've asked nicely for you to ignore my posts, so why do you refuse to do so? Maybe YOU should reread my post and expand your mind before you get quick at the fingers and call my posts 'crap'. What rock do you live under not to know that you can enter this country illegally? Thousands try it every day and here you are trying to be slick. Just stop. The sister still has a chance to become legal; she entered the country legally and overstayed her visa. She has a sister that is filing for her; these things take time. All she can do (bearing in mind that she hasn't received a rejection letter) is comply with the US laws as best she can. If she really wants to know what's going on, she can get an immigration lawyer to find out what the hold up is; it could be something as simple as USCIS not having a current address for her. Besides, it doesn't sound like the woman is going for a visa but for permanent residency.

David, hun, please explain to me what a 'resident visa' is? I've never heard of such a thing; are you talking about a green card? Besides, stop scaring April22 in to thinking her SIL is going to automatically get deported. Really, what is wrong with you? Are you completely devoid of positive energy?

Travelista:

*blank stare*

I've asked nicely for you to ignore my posts, so why do you refuse to do so? Maybe YOU should reread my post and expand your mind before you get quick at the fingers and call my posts 'crap'. What rock do you live under not to know that you can enter this country illegally? Thousands try it every day and here you are trying to be slick. Just stop.

She's from Nigeria, the OP DOES NOT insinuate she may have sneaked across the border from Mexico or Canada so we can conclude she MUST have come through a valid port of entry with a valid Visa. Re-read the OP's post again, its clear she was ONCE LEGAL but her non-immigrant visa expired along the way.

Travelista:

The sister still has a chance to become legal; she entered the country legally and overstayed her visa.

Yes she does. She just has to wait and hope her overstaying the initial visa doesnt count against her. Its one of the issues they usually warn you about when you come as a student with the intention of applying for a resident visa later. you will be required to prove that you were legal for all the time you have spent in the US.

Travelista:

She has a sister that is filing for her; these things take time. All she can do (bearing in mind that she hasn't received a rejection letter) is comply with the US laws as best she can.

She's already violated immigration laws, besides the person filing for her cannot be considered an "immediate" family member.

Travelista:

If she really wants to know what's going on, she can get an immigration lawyer to find out what the hold up is; it could be something as simple as USCIS not having a current address for her. Besides, it doesn't sound like the woman is going for a visa but for permanent residency.

1. Nothing is "holding-up" the process. The USCIS is pretty clear that this process can take 10+ yrs and applicants are usually notified as soon as their petition is approved. Nothing a lawyer can do at this point.

2. The permanent residency is an immigrant visa, once approved she will have to return to Lagos to have the visa stamped on her passport then return to the US.

Travelista:

David, hun, please explain to me what a 'resident visa' is? I've never heard of such a thing; are you talking about a green card?

Its not exactly the same thing but they both convey the same status. The "resident visa" is the immigrant visa stamped on your passport in Lagos. When you get to a US port of entry you are then given a "green card".

Travelista:

Besides, stop scaring April22 in to thinking her SIL is going to automatically get deported. Really, what is wrong with you? Are you completely devoid of positive energy?

Not "scaring" her, just letting her know things can be complicated. If the SIL had a US citizen husband that would have been the best scenario. She'd get approved for an immigrant visa under 6 months even if she were illegal so long as she came to the US legally the first time.

@ OP

Don't know the details of processing myself but don't just take davidylan's word for it. From my experience, he sometimes argues blindly.

After last Dec's failed NW terrorist bombing, he kept on arguing with me that if you are transiting through Amsterdam, you don't go through security checks before boarding your next flight. Fortunately, I'd just gone through that airport recently so I was able to speak with some authority on the issue. I mention that incident as an example so you can do your research properly, just because someone thinks what they are saying is fact does not make it so.

@April22, Unfortunately she has just about three options and some of which has been enumerated by Davidylan. First she needs to check on the status of the petition. I would suggest to at least consult an immigration lawyer. Secondly, since it sounds as if her initial visa had expired, she is now accruing illegal presence. If she's discovered, she'd be deported and be subject to a ban of 10yrs. Also, because her initial Visa had expired, she's ineligilble for Adjustment of Status (AoS) which is what would have normally occur. AoS would have prevented her from going to Naija for Consular processing. The third option would be to fall in love with and marry a US citizen, the USC would then file I-130, but both of them must prove it is a valid marriage and not just based on trying to avoid deportation. She needs to do some' fast. She's just postponing the evil day. I know folks that didn't bother who had been in the US for donkey years who have been deported.

Thanks so much for the advice. I agree. She does need to do something especially how things are going. It sounds like her best option is marriage, but so far she hasn't met the right guy. I wasn't aware that she'd have to go back to Nigeria to apply for a visa even if her application through her sister comes through. There's no way she'd want to do that. That could explain why she doesn't like talking about this. This is really a lesson to all the people thinking about overstaying their visas.