Brother petioning sister

[marflores]

What is the process for my uncle who is 65 yrs petion my aunt (sister) who is 51? She is here on a tourist visa (not married) and he is USC.

[Laura]

If he petitions for her, it will take approximately 13 years for a visa number to become available. Basically, she cannot go out of status during that time, because she will have to go to a consular interview in Mexico and if she accumulates more than six months of unlawful presence she'll need a waiver and will not have a qualifying relative to file a waiver (only parents and spouses can file waivers). If she is already overstaying on her tourist visa, there's no point in even pursuing this.

[marflores]

You are so helpful in all areas. Thank you very much.