Florida honors student wins reprieve from deportation

[torfero]

6. Maybe she is not eligible for a Green Card right now.

Her brother can file an I-130 Petition for her and when her Priority Date is current, she would be eligible to adjust her status to Lawful Permanent Resident while in the US (due to her legal entry).

But, brothers and sisters of US Citizens do not fall under the immediate relative category, so a Visa is not immediately available for her, and she cannot adjust her status in the US anytime soon. There is a strong backlog for siblings.

Because her father entered the US legally (I think) and is the parent of a US Citizen, he is considered an Immediate Relative (Visa is immediately available) and because of his legal entry he was probably able to file an I-485 in the US and obtain his Green Card. Her father can also file and I-130 for her, but because he is an LPR and not a USC there will also be a backlog.

I am curious to know how she came to the attention of ICE and what her Green Card application was based on. All the articles I have read fail to provide this info.