15 years waiting for sibling petition- F1 now?

[vrush 0]

my sister has applied for green card last year. it will be 15 yrs before it gets current. this yr i got admitted in a three yr residency program in univ. what options do i have to get the f1visa. do i need to withdraw the application or just not mention about it...

[Penguin_ie 5,993]

**** split from 1.5 year old topic- please ask your own questions in your own thread ***

I assume you mean your US citizen sister petitioned you for a greencard? Your F1 application will be decided on its own merit. As there is no way your sibling petition will be current during your F1 3 year program, it should not have any effect- certainly do not withdraw the petition.

[jaycali 415]

my sister has applied for green card last year. it will be 15 yrs before it gets current. this yr i got admitted in a three yr residency program in univ. what options do i have to get the f1visa. do i need to withdraw the application or just not mention about it...

This petition won't matter for 2 reasons:

1. It won't be current by the time your program is done, and

2. You can't adjust status based on a petition from a sibling.

This is good news for your F-1 visa because it means you don't have to prove to the consulate that you're not going to try to adjust status - simply because you can't. What it can do, is show that you do want to immigrate to the US. Since F-1 is a non-immigrant visa, one of the requirements is that you don't intend to immigrate. If they ask about that, make sure you let them know that your intention is to finish the program, and then immigrate at a different time, when your petition is current (I assume that's the plan?).

Whatever you do, don't withdraw the petition. You don't have to mention it if they don't ask, but if they ask you about it, you must be honest.

[vrush 0]

This petition won't matter for 2 reasons:

1. It won't be current by the time your program is done, and

2. You can't adjust status based on a petition from a sibling.

This is good news for your F-1 visa because it means you don't have to prove to the consulate that you're not going to try to adjust status - simply because you can't. What it can do, is show that you do want to immigrate to the US. Since F-1 is a non-immigrant visa, one of the requirements is that you don't intend to immigrate. If they ask about that, make sure you let them know that your intention is to finish the program, and then immigrate at a different time, when your petition is current (I assume that's the plan?).

Whatever you do, don't withdraw the petition. You don't have to mention it if they don't ask, but if they ask you about it, you must be honest.

thanks for the reply....if after the course i decide to stay back and file for h1 , will there be any problems becoz ofthe pending green card status....

**** split from 1.5 year old topic- please ask your own questions in your own thread ***

I assume you mean your US citizen sister petitioned you for a greencard? Your F1 application will be decided on its own merit. As there is no way your sibling petition will be current during your F1 3 year program, it should not have any effect- certainly do not withdraw the petition.

thank u for the reply..i beleive f 1 may not be a problem..but if i decide to stay back probably on h1 will it have a bearing.

[Penguin_ie 5,993]

No problems

[ca_babe 129]

thanks for the reply....if after the course i decide to stay back and file for h1 , will there be any problems becoz ofthe pending green card status....

thank u for the reply..i beleive f 1 may not be a problem..but if i decide to stay back probably on h1 will it have a bearing.

No, it won't affect your h1 at all. You can even have your employer file for a green card for you without withdrawing your F4 petition.

[jaycali 415]

thanks for the reply....if after the course i decide to stay back and file for h1 , will there be any problems becoz ofthe pending green card status....thank u for the reply..i beleive f 1 may not be a problem..but if i decide to stay back probably on h1 will it have a bearing.

There are three types of visa categories, non-immigrant visas, immigrant visas and whats called dual intent. H1 is dual intent so your immigrant petition will have no bearing.