Applying for AOS for sibling entering US on F1

[NZ086]

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?

[inadmissible]

He has been admitted on F-1, and will continue to enjoy all the F-1 benefits as long as he remains in status

He may face greater difficulty applying for a new visa or applying for admission again in the future, on account of his circumstance

[newacct]

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.

[NZ086]

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.

Thanks 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).

[newacct]

Thanks 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).

You'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.

[NZ086]

He may face greater difficulty applying for a new visa or applying for admission again in the future, on account of his circumstance

Thanks alot for your reply. The idea is for him to start and finish school and go off to work on OPT while his I130 and I485 is in process(after he enters the US as a student). As long as he doesnt have to leave the USA while he is a student, I want to start the I130 petition. I dont want to interrupt his studies.

[NZ086]

You'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.

I 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 impossible 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.

[scientist2016]

I 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 impossible 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.

One needs to be clear here: Applying I130 is not AOS. I485 is the AOS. As newacct mentioned, you cannot file for AOS until a visa number is available. You can apply for I130, and that in no way interferes with his F1. It does not confer any immigration status either, viz., when the time comes and his visa number is available, for him to be able to do AOS he should be in a legal status at that time. In other words he has to be able to maintain a valid legal status all along for these 10+ yrs., which might not be feasible using just F1 & OPT alone.