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I-130 for sibling over 21 years old currently in the US with student visa

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  • I-130 for sibling over 21 years old currently in the US with student visa

    Hi,
    I'm a US citizen willing to sponsor my sister who's now in the US with a student visa. I know the process will take many years but I am wondering if the I-130 application will have any bad issues to her student status? Can she still continue her study and apply for an employment base green card in the future? Thank you in advance for all answers.
    Kiki

  • #2
    She can continue to study and there is no problem with her getting an employment-based green card in the future. There is a risk that she may be denied an F1 visa and/or denied entry on F1 status, if she applies for a visa or seeks entry in the future. She would need to show the visa officer or immigration officer that she does not intend to immigrate on that particular stay.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      As a US citizen, you may file an I-130 petition for your sister to sponsor her for a family-based green card. Filing this petition should not have any immediate impact on her student status or her ability to continue studying in the US.

      However, if your sister's student visa is about to expire soon, she may need to apply for an extension of her student visa or change to another visa category in order to maintain her lawful status in the US while the I-130 petition is pending.

      In terms of future employment-based green card options, your sister may still be eligible to apply for an employment-based green card in the future, even if she is sponsored for a family-based green card. The family-based green card process is a separate process from the employment-based green card process. However, it is important to note that the process for obtaining a green card through employment can be complex and may depend on a number of factors, such as her qualifications, the availability of visas, and the job market.

      I would also add a point about the adaptation of the kids. Try to help your sibling with it, help with her homework or order essay online​ to make her feel more comfortable. That's so important.
      Last edited by Zoophysics; 05-03-2023, 01:57 AM.

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