I-130 Petition for sibling and graduate school

[Memmio8 0]

Hi everybody, I have a couple of pressing questions. I am a recently naturalized U.S. citizen who wants to apply I-130 petition for an unmarried brother who is over 21 years of age. My dilemma is listed below and I was really hoping to get some answers to it. Namely, he just graduated with BS degree from the local U.S. college and was thinking of going to grad school (MBA) on the same campus starting this fall. He will have to pass the GRE but otherwise will remain in status. My questions are:

1. Should I wait until he receives a new I-20 and is officially enrolled into graduate program before applying for his I-130 petition?

2. Will having I-130 on file (I know it’s a long process of at least 11-12 years at the moment, but thought of it as a “last resort” type) damage his chances of applying for a PhD program in the U.S.?

3. Will I-130 on file damage a chance of obtaining a H1B from prospective employers after he completes his MBA?

4. If he has to leave the country (say, no chances for a job on OPT post-master, no H1B), does it mean he would have to wait outside all those years because I-130 has been filed showing immigration intent, and would he be denied any other non-immigrant visa?

5. Any other thoughts/suggestions?

Clearly, he has no intentions of overstaying and ruining his chances of legal immigration no matter how long it takes so I would really appreciate your answers.

Thank you very much in advance!

[Mike and Lily 13]

Hi everybody, I have a couple of pressing questions. I am a recently naturalized U.S. citizen who wants to apply I-130 petition for an unmarried brother who is over 21 years of age. My dilemma is listed below and I was really hoping to get some answers to it. Namely, he just graduated with BS degree from the local U.S. college and was thinking of going to grad school (MBA) on the same campus starting this fall. He will have to pass the GRE but otherwise will remain in status. My questions are:

1. Should I wait until he receives a new I-20 and is officially enrolled into graduate program before applying for his I-130 petition?

2. Will having I-130 on file (I know it's a long process of at least 11-12 years at the moment, but thought of it as a "last resort" type) damage his chances of applying for a PhD program in the U.S.?

3. Will I-130 on file damage a chance of obtaining a H1B from prospective employers after he completes his MBA?

4. If he has to leave the country (say, no chances for a job on OPT post-master, no H1B), does it mean he would have to wait outside all those years because I-130 has been filed showing immigration intent, and would he be denied any other non-immigrant visa?

5. Any other thoughts/suggestions?

Clearly, he has no intentions of overstaying and ruining his chances of legal immigration no matter how long it takes so I would really appreciate your answers.

Thank you very much in advance!

There are often better ways to get a sibling here than submitting an I-130 and waiting 10-12 years. It certainly would hurt his chances of getting a student visa if you petitioned him prior to him getting the student visa. I strongly suggest you wait until he gets the student visa first. He would be much better off coming here as a student and finding an American wife if he is inclined to do so. It would be much quicker.

[Memmio8 0]

Thank you Mike and Lily, I really appreciate your feedback. Since he is already in the U.S. you still think it is a good idea to get enrolled into the grad school officially (obtaining the new I-120 first), then submit the the paperwork for I-130)? Thank you everybody for your replies in advance.

Best regards,

Memmio8

There are often better ways to get a sibling here than submitting an I-130 and waiting 10-12 years. It certainly would hurt his chances of getting a student visa if you petitioned him prior to him getting the student visa. I strongly suggest you wait until he gets the student visa first. He would be much better off coming here as a student and finding an American wife if he is inclined to do so. It would be much quicker.

Edited May 30, 2012 by Memmio8

[Kodiak 12]

im not a lawyer but this is my understanding and advice:

since he is planning on applying for a student visa it is possible that it would be denied if you have filed a I-130 for him. Student visas are NOT considered "dual intent", which means you are not supposed to be searching for permanent residence while on a student visa. However, after going to school in the US he can apply for OPT (optional practical training) which would allow him to work for a year immediately following gradschool. After his OPT he can apply for a work visa H1B which is considered "dual intent". He can remain in that visa for up to six years and ask for sponsorship from an employer to get a green card. You can also file I-130 once he gets his H1B.

Thank you Mike and Lily, I really appreciate your feedback. Since he is already in the U.S. you still think it is a good idea to get enrolled into the grad school officially (obtaining the new I-120 first), then submit the the paperwork for I-130)? Thank you everybody for your replies in advance.

Best regards,

Memmio8

[Clariz 2]

I understood that your brother is on a F1 visa. Is he familiar of this visa? That even this has expired he can still use this as along as he is in school? Did he talk this over with his Student Intl Advisor? Did he ask regarding transferring or getting into graduate school... what will he do with this? Is it necessary to fill up a new form for F1? If this is the situation- then he will be returning to his country to file for a new one. F1 visas can be allowable even it expires because of the duration of status written I-94. But once you get out of the USA then you have to file for a new F1 visa. Regarding application of I-130 while in F1, that happened to a friend (father is us citizen in the us) and it was successful. Then he can file for adjustment of status. But the problem here is when will he be interviewed for the I- 130 will it be back home or in the USA? Talk to a lawyer.