I am a US citizen and my brother is coming to the US on f1 visa next year. I know the process takes atleast 8 years for siblings of citizens to obtain an immigrant status. I also plan to apply for my parents so they can apply for my brother (help cut some length in time). But next year when he comes here I want to apply for his AOS. How will this effect his F1 status? Will he still be able to get all the F1 student benefits (health insurance, tuition waivers/scholarships, OPT) while his AOS is pending?
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Applying for AOS for sibling entering US on F1
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One cannot apply for AOS until a visa number is available for their category and priority date (e.g. 13+ years after petitioning in the sibling category or 7+ years after petitioning as an over-21 unmarried child of a permanent resident). If at that time (when a visa number becomes available), he is in the US and in status (unlikely), he can do AOS; otherwise he has to do Consular Processing abroad.
This is my personal opinion and is not to be construed as legal advice.
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Originally posted by newacct View PostIf at that time (when a visa number becomes available), he is in the US and in status (unlikely), he can do AOS; otherwise he has to do Consular Processing abroad.
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Originally posted by NZ086 View PostThanks for the response. Why is it unlikely that he will be in status? The idea is for him to come here as f1, continue his school, graduate and go for OPT all the while his I-130 is in process (which i will apply after he starts school).
This is my personal opinion and is not to be construed as legal advice.
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Originally posted by inadmissible View PostHe may face greater difficulty applying for a new visa or applying for admission again in the future, on account of his circumstance
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Originally posted by newacct View PostYou're saying that in 13+ years he will be in status in the US? They might be more reluctant to let him in as a nonimmigrant when it gets closer to a visa number becoming available.But all i am trying to make sure is that when our parents apply for his gc his education is not interrupted or he is not out of status at any point.
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Originally posted by NZ086 View PostI think i am getting what you are referring to. The amount of time it takes for my parents to get advance parole and EAD while in the USA as visitors will not be the same for my brother if i apply for him directly. In that case since I am also applying for my parents, by the time they get their GC they can apply for my brother. The 13+ years timeline does sound impossibleBut all i am trying to make sure is that when our parents apply for his gc his education is not interrupted or he is not out of status at any point.
Just an opinion; Not legal advice.
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