Corinth, TX Immigration Law Firms & Lawyers

Not with the facts you note in your post. Your sister can petition for you when she is 21, but the process takes about 11-15 years from the day she files for most cases. You would need to find another family-based petitioner and would need to see if you can even file in the US, as that is dependent on how you entered the US and any immigration or criminal violations. r. Thank you.

Unless you have the change of status approved, you would generally be regarded as having overstayed. A consequence of overstaying is that your visitor visa would be regarded as automatically canceled. You would likely be given a problem by an immigration inspector upon your return to the U. S. if you attempted to re-enter under the same visa.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

It depends on how much time he accumulated in unlawful presence. He may have to file for a waiver. Please consult with an immigration lawyer on the details of the dates that he was here illegally. Best of luck.