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Should F1 Student Seek a Family-Based Green Card

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  • 01-14-2012, 01:24 AM
    crunchy
    Should F1 Student Seek a Family-Based Green Card
    I am currently in the US as a grad student. My sister is a US citizen.

    Can she apply for my green card and adjustment of status? Would that make the wait time a little shorter than normal wait time of 10 years since I am already in the US?

    OR will I become out of status from F1 and become illegal once I130 is applied?

    From what I understand, I cannot leave the US while the application is pending. Would documents like advance parole help when I go home to see my parents?

    Or it would just be better to wait till I finish school and apply for H1?

    Please advise.
    Sincerely.
  • 01-14-2012, 10:24 PM
    T53147
    Re: Should F1 Student Seek a Family-Based Green Card
    You being in the US when you sister files grants you special privileges - and if you become illegally present, it adversely affects your ability to be granted a green card. You must get into the back of the line just like everyone else in that same filing class and wait your turn. (OP, Questions like this where people expect special consideration are very aggravating! There are many with far more compelling stories than a student with a US citizen sister who are waiting their turn patiently.)

    You MUST maintain your legal status at all times to be benefited from this type of petition. You may remain in the US on F-1; however, if you leave or need another stamping, you will likely be denied since you now have demonstrated immigrant intent. Do not think about lying to US immigration officials and conceal that fact.

    You best option is the last mentioned - file for H-1B. If you have no intention of visiting your home country or exiting the US for any other reason before you are working in H-1B status, you sister's filing will not likely have any effect.

    Read the USCIS information on family based immigration to understand the requirements and so that you do not do something that will prevent you from obtaining the green card when your priority date becomes current. Nothing is worse than waiting in the line and finding out that you have violated some rule and are ineligible or banned for a period of time. Your post makes me believe that you are not as familiar with the requirements as you need to be.
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