Timeline on F4 preference

[ChinmayJ 1]

My Sister and Brother-in-Law are U.S. Citizens. My sister can sponsor me for Permanent resident. From what I've come across through Google, I gather that if my sister sponsors me it may take a long time for Visa to be issued. A brother comes under the non-immediate family, and is given the fourth preference in the preference list (F4).

Many places I've looked the wait is very long, Specially since I am from India. I have a Petroleum Engineering Degree, have applied for jobs, but I am also interested in Masters and undecided b/w the two. Do you guys have any knowledge about what the waiting time depends on, is there a way to make it happen faster. I am going to submit my application in Mid-March 2015 for sure, say it takes 6 months, I may or may not be able to join University for a Masters degree, depending on when the visa is issued.

Thank you for your help.

[Ian H. 207]

Hi,

Unfortunately there is no way to make the process faster. The only thing would be if Congress passed a law on immigration reform that makes the PD's become current or move faster by issuing more visas.

If you have a degree, you can try to find an employer that will sponsor you. I'm not sure how employment visas work, but you can look into it.

If you want to continue studying, you can apply for a student visa, but you need to be accepted into a school here and have financial support. Issuance of a visa isn't guaranteed.

Is your sister planning to petition your parents. It would be considerably faster if she petitioned your parents and then one of them could petition you under F2B category. The wait is about 6+ years currently, much better than F4 category.

[Boiler 45,665]

Student and most work options are non immigrant.

They may or may not lead to immigrant options.

[ChinmayJ 1]

Hi,

Unfortunately there is no way to make the process faster. The only thing would be if Congress passed a law on immigration reform that makes the PD's become current or move faster by issuing more visas.

If you have a degree, you can try to find an employer that will sponsor you. I'm not sure how employment visas work, but you can look into it.

If you want to continue studying, you can apply for a student visa, but you need to be accepted into a school here and have financial support. Issuance of a visa isn't guaranteed.

Is your sister planning to petition your parents. It would be considerably faster if she petitioned your parents and then one of them could petition you under F2B category. The wait is about 6+ years currently, much better than F4 category.

Woah! you're telling me that the wait is in years not months? In all cases, My sister is very very good in filing documentation. If we assume the paperwork is 100% correct, everything is perfect, then also the waiting is in years for everyone? If not, how much are we talking here, 1-3 years? 3+ years? NOBODY gets a visa in months? is there a rough figure you can give me. I saw this article, but the 1st graph doesn't have a time scale, is it in months or Years. I'm Indian, Sibling.

http://www.visanow.com/u-s-visa-wait-times-whos-waiting-and-for-how-long/

[Boiler 45,665]

F4 is 12 plus years for a visa number to become available.

Immigration Reform sic will likely see this category go, not that logical.

[Ian H. 207]

Sorry, I didn't mean to imply that he could use a student visa to immigrate, but rather making the OP aware as an option for getting his master's.

OP: Currently for India, F4 is looking at 12+ years. The petition itself doesn't take this long to be approved, but it will just sit there at the NVC until a visa is available. Think of it like a huge waiting list for a school or an apartment.

Boiler is right, if there is an immigration reform, they are planning to get rid of this category. It may not happen within the next 6 months, but you want your petition filed. Once the petition is filed, you won't be affected in a negative way by any actions of Congress.

There is no need to wait to file because the longer you wait to file, the more time you add. You also didn't say if she plans on petitioning your parents because this would be a faster way for you.

[Ian H. 207]

Also, the only people that can get a visa in months are immediate relatives of a USC. While siblings are in general immediate relatives, they are not so for immigration purposes. Only spouses, parents and unmarried children under 21. Now a days an IR is lucky if they get their visa in less than a year with all of the backlogs and processing times.

[ChinmayJ 1]

Thanks for the replies. Ian, I will discuss the Parents applying first scenario, with my family. And as you guys are saying, that the rules are changing in 6 months, and its better that application is submitted by that time. I will look into it. Things makes sense to me now.

[Ian H. 207]

Yes, if your parents are petitioned they are looking at a wait of a year or a year and a few months. Then as soon as they enter the US, one of them can petition for you under F2B. This will cut down the wait from 12 years to about 7 years. Also, under F2B you must remain unmarried.

Either your sister can petition for you and so can one of your parents, or both. Whichever petition is reached first will be the one you immigrate under, which would obviously be the F2B because of the shorter wait time. Having more than one petition submitted for the same person is perfectly acceptable.

[Boiler 45,665]

There are unlikely to be any changes of significance any time soon.

Lots of talk but no action.

[ChinmayJ 1]

Thanks again, my basic aim is reach US and work/study (or work+study) by end of 2015 or else go 6-7 years later. I also want to ask, if I am already in the USA, via student/work visa, will I get the Permanent residence earlier? I mean if my petition is approved, and I am in the USA, why would I need another visa

Also, My brother-in-Law runs a business, Can he become my employer and get me a work visa, then I can get my admission done in a university. Will that be even legal?

I'm sorry for taking up so much of your time, you guys please reply taking your time. I highly appreciate it.

[Boiler 45,665]

If you had a petition for residency through an Employer then yes it could be earlier. There are multiple routes and you can have them running at the same time.

No idea if your BIL could, something he would best discuss with his immigration lawyer. Not sure I understand, are you looking to work or study?

[NikLR 13,227]

It's a lot harder than you think to get a work visa. Basically an employer needs to prove, to government standards, that they cannot possibly have any USC or LPR and need you as their employee.

Unless you have a dual intent visa, it's fraud to obtain a visa with the intent to enter the USA and adjust your status. It''s up to the USCIS to prove intent but you've pretty much typed it out in black and white.

[Ian H. 207]

I don't think that is his intention. He is only trying to find out if by having a work or student visa, the process is faster. It's easy to think that one is contemplating immigration fraud when asking what's the best way to live in the US.

Anyway I'm not sure about how employment visas work and the whole shebang that goes with them, but if you happen to be in the US with a nonimmigrant visa when your petition's PD is current, you can adjust status.

Please keep in mind that if you do get a student visa or temporary work visa, you are expected to return to your home country whenever the purpose of the visa runs out, i.e. you graduate.

A dual intent visa is one that allows you enter the US as a nonimmigrant with the possibility of adjusting status, such as an H1B visa.

[ChinmayJ 1]

Understood. Not looking to break any laws. Will get to back to you guys, thanks for the overwhelming support.

Ian, yes its true, I'm trying to find the fastest way, which is good for my career.