Sponsoring green card for sister already here on student visa

[Visadude88 1]

Hello everyone,

I am a US citizen. My sister recently came over to the USA on a F1 student visa. She is going through a PHD program that will take roughly 5-6 years.

I wanted to sponsor her green card. How would her already being here in the USA on a F1 visa affect her current visa if I sponsor her? Additionally, is the green card process the same for someone already in the USA with regards to processing time and cost?

Please let me know if there is any additional relevant information that would be helpful.

Thank You,

[aleful 1,905]

hi

 

there is no difference, she will have to go through consular processing because the wait for siblings is 13 years or more depending on the country of origin

 

even if her studies were 6 years, once she is all done, she can't stay and wait because she will become illegal, so she would have to return to her country and wait for consular processing

 

you can file the i130 and put that she will have her interview at the American Consulate in her country

 

it won't affect her because she has the student visa and she will be returning when she's done

 

and because it takes a very long time, no affect on her student visa

 

the i130 costs $535

Edited July 29, 2018 by aleful

[EM_Vandaveer 2,381]

Unless she manages to get a work visa once her studies are over, she'll need to go back to her country to wait out the extra 7+ years once her student status ends.

[belinda63 2,993]

There is currently a long wait for sibling visas to immigrate. For most countries it is currently around 14 years, mexico 20 years, Philippines 23 years. She cannot apply for a green card until her priority date is current. If she is not in status she is not eligible to apply for a green card. 

 

[Roel 7,191]

To Put it even simpler - you can apply now but the process is very long and will not be done by the time she's done studying. She'll need to go back to her country anyway and wait there.

 

One day out of status in the US and her visa will be denied. So she pretty much needs to be 100% legally in the US for many years or leave. 

[NJI751 12]

Or she can get a H1B visa after graduating, which is a dual intent visa.

 

One area where you have to be careful is that after you file for her GC, she will NOT get a new F1 visa stamp. It's fine as long as she's in school and all, but if her visa stamp expires, and she needs to get a new visa, then she will be in trouble.

 

If your sister is smart and talented and if majoring in a STEM degree, I don't think this path is worth it. If she finished her Phd and gets a decent job, she should get her GC through work in a few years. Which will be FASTER than this sister GC process.

 

Assuming you are not from India.

[Visadude88 1]

Thanks everyone for your fast replies. She is researching at a prestigious university in particle physics.

 

She has published several papers back in her home country, when she received her masters degree.

 

It sounds like the best thing to do is let the university she will be teaching at sponser her green card.

[CEE53147 559]

Has she researched the number of unemployed PhDs in physics? To assume she will get a teaching job is a rash assumption.

[WeGuyGal 1,052]

2 hours ago, Visadude88 said:

Hello everyone,

I am a US citizen. My sister recently came over to the USA on a F1 student visa. She is going through a PHD program that will take roughly 5-6 years.

I wanted to sponsor her green card. How would her already being here in the USA on a F1 visa affect her current visa if I sponsor her? Additionally, is the green card process the same for someone already in the USA with regards to processing time and cost?

Please let me know if there is any additional relevant information that would be helpful.

Thank You,

The wait for a USC sibling to get a green card is the same, whether already in the US or in a home country. 

 

Sponsoring her would mean declared immigrant intent, and makes a US re-entry more challenging for any non-immigrant. 

[Orangesapples 1,954]

3 hours ago, Visadude88 said:

Thanks everyone for your fast replies. She is researching at a prestigious university in particle physics.

 

She has published several papers back in her home country, when she received her masters degree.

 

It sounds like the best thing to do is let the university she will be teaching at sponser her green card.

Is she planning to stay in academia? If so, it will be possible for her to get sponsored for an H1B more easily than private companies. I think the yearly cap doesn't apply to universities. Also, if she's single, 5-6 years is a long time and she might fall in love with a US citizen and get married, who knows. But even without marriage, there are definitely ways for talented researchers to stay in the US. 

Edited July 29, 2018 by Orangesapples