Will my status as AOS to LPR affect my brother's F1 application?

[fgk123456 0]

Hello VJ. First off, thanks for reading. I would love some advice on this situation:

I came to the US a few years ago on a F1 visa. Since, I have married my SO and we are currently in the middle of AOS to LPR.

Last year, something serious happened that caused me to be estranged from my immediate family who live outside the US. We rarely talk anymore, except for my younger brother who I talk to once in a while. I have not shared any details of my personal life in the US, including being married, due to a lot of animosity between me and my parents.

My brother recently told me that he is planning to apply for a study abroad program in the US. He currently goes to college in our home country, and the program he is applying for is only for a semester (4 months). I assume this will be a F1 visa. I know that in the DS-160 form, they ask you about your relatives, including ones in the US.

So my question is this: do I have to tell my brother that I have a green card if I have one by the time he applies for a F1? If I don't, will it mess up his chances of getting the F1? Do I have to tell him that I got married (the reason I could AOS)? What if I don't have my green card by the time he applies?

Thanks for reading. As much as I want to keep my personal life away from my family after they hurt me so much, I do not want to screw up my brother's chance of pursuing a study abroad opportunity in the US.

[aaron2020 11,651]

Your brother will be asked if he has any relative in the US and their status.

If he gives the answers he believes are correct and they conflict with what the CO knows, then your brother may be accused of lying.

Your choice on what to do. How will you feel if your status is brought up and your brother is completely surprised, how much trust will the CO give his situation? Probably not good.

[milimelo 4,481]

COs will have no problems figuring out you've overstayed your F1 visa - the same info on you (F1 visa) should be provided by your brother when he fills out the forms.

[Boiler 45,533]

Having a sibling who has violated their F1 status will not help his application.

[fgk123456 0]

Thanks for the answers all. Although I am not sure why you think I overstayed or that I violated my F1 status. Technically, I am still on my post-grad F-1 OPT which expires in a few months, and I thought you entered a limbo stage when you apply for AOS which we already did. Not sure how I've "violated" my F1 status...

Edited April 28, 2014 by fgk123456

[Asia 2,498]

You're AOSing from a temporary/non-immigrant visa.

CO might think your brother will do the same.

[fgk123456 0]

Ah understood, thanks for the clarification.

[JayJayH 546]

His problem will, as stated, be if he is asked about you and your status in the US. For example, if the CO asks what his sister is doing in the US, and he replies "just visiting" - The CO might believe he's withholding the fact that you have a green card in order to make his application 'look better.'

That could absolutely become a problem.

[RhettVoe 282]

He should tell the truth and see what happens.

[JayJayH 546]

He should tell the truth and see what happens.

Problem here is that he doesn't know the truth.

[Boiler 45,533]

Problem here is that he doesn't know the truth.

That will look odd.

[JayJayH 546]

That will look odd.

My point exactly.