Legal Question in Immigration Law in New York

Can I stay here

I am here on a B-2 visa and my U.S. citizen sister wants to file for my green card. Can I remain here until it is approved (I understand it will be years) or must I return to my country to wait? I've been here 4 months and I was given 6 months.


Asked on 3/19/09, 2:39 pm

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Can I stay here

You need a visa covering your entire stay in order not to run afoul of immigration laws (with draconian consequences) because your sister's I-130 petition on your behalf does not give you the right to stay absent an independent ground for your stay once your B-2 visa runs out. You may want to look into various non-immigrant visas (mostly employment-related) as an option. Otherwise, you need to return to your home country and wait for your immigrant visa number to become current once your sister's petition is approved.

The above reply is in the nature of general information, is not legal advice and does not form an attorney-client relationship.

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Answered on 3/19/09, 2:59 pm


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