Sister in law as a student

[DFWJimbo 4]

I have a question on how the process works for my sister in law. My wife is a permanent resident now after having gone through the AoS process, and was interested in finding out more about the process on her sister to go to nursing school here.

Her sister in law is interested in attending nursing school (4 year degree) and work possibly in a hospital later here. We would sponsor her for living expenses. I know nursing is a high demand skilled field of work. 

Would we apply for a student visa, and later adjust her status after graduation to permanent resident, or transition to a work visa and apply for adjustment to Perm Resident then?

If she comes on a student visa, does she have to go home between each year of study (eg, summer break) or can she stay here through her entire degree program?

If apply for an employment authorization can she also work here if she chooses during her schooling?

 

[Boiler 45,525]

There is no specific work visa for nurses.

 

Who would be paying the School costs, obviously not cheap.

 

Student visa is a non immigrant category, they may be wondering why she wants to study in the US when presumably it would be much cheaper to study locally.

 

Students have very limited work privileges.

Edited April 14, 2019 by Boiler

[Crazy Cat 41,886]

Anyone applying for an F-1 student visa, must convince immigration authorities that she does not have immigrant intent........what you are posting heavily implies immigrant intent, imo.

Edited April 14, 2019 by missileman

[Crazy Cat 41,886]

[geowrian 22,337]

From a practical standpoint, attending school in the US doesn't make sense if she plans to work back home. Her degree and any licensing would not obviously be a match for that path. The most reasonable presumption is that she would intend to subsequently stay in the US, which is going to be an issue for a student visa.

Edited April 14, 2019 by geowrian

[kzielu 1,149]

48 minutes ago, DFWJimbo said:

I have a question on how the process works for my sister in law. My wife is a permanent resident now after having gone through the AoS process, and was interested in finding out more about the process on her sister to go to nursing school here.

Her sister in law is interested in attending nursing school (4 year degree) and work possibly in a hospital later here. We would sponsor her for living expenses. I know nursing is a high demand skilled field of work. 

Would we apply for a student visa, and later adjust her status after graduation to permanent resident, or transition to a work visa and apply for adjustment to Perm Resident then?

If she comes on a student visa, does she have to go home between each year of study (eg, summer break) or can she stay here through her entire degree program?

If apply for an employment authorization can she also work here if she chooses during her schooling?

 

In addition to what others wrote above, there is no way to just "adjust her status" after graduation. No basis for it unless she is sponsored by her sister for which current F4 timeline is completely unrealistic.

[WeGuyGal 1,052]

56 minutes ago, DFWJimbo said:

I have a question on how the process works for my sister in law. My wife is a permanent resident now after having gone through the AoS process, and was interested in finding out more about the process on her sister to go to nursing school here.

Her sister in law is interested in attending nursing school (4 year degree) and work possibly in a hospital later here. We would sponsor her for living expenses. I know nursing is a high demand skilled field of work. 

Would we apply for a student visa, and later adjust her status after graduation to permanent resident, or transition to a work visa and apply for adjustment to Perm Resident then?

If she comes on a student visa, does she have to go home between each year of study (eg, summer break) or can she stay here through her entire degree program?

If apply for an employment authorization can she also work here if she chooses during her schooling?

 

Your sister has to become a USC first, then sponsor her sister for an immigration visa in the sibling category which takes more than 15-20 years. In the meantime, unless she has very specialized skills, getting a work visa is not easy. Getting a student visa is even harder because she has demonstrated immigrant intent. 

[Unlockable 7,314]

1 hour ago, DFWJimbo said:

 

Would we apply for a student visa, and later adjust her status after graduation to permanent resident, or transition to a work visa and apply for adjustment to Perm Resident then?

That is not how it works. You won’t be able to adjust her status. Permanent residency is not an “at will” process. You don’t get permanent resident status simply because you want to. People have to be eligible for it. In order for you sister to be able to adjust status from a non immigrant visa, she would have to have a qualifying relative who is a US citizen. Those qualifying relatives are a spouse, a parent for minors, or a child over the age of 18. Her sister (your wife) does not qualify.

 

Also, it has already been pointed out that a student visa is a non immigrant visa meaning that the student has no intention to immigrate. Once her studies are done she would have to return to her country. However, if she were to find an employer that could sponsor her to work in the Us afterwards, that is an option. But again, a work visa is not an immigrant visa.

 

 

[belinda63 3,038]

The sister must apply to and be accepted by a college. The college issues the I-20 and then she applies for a student visa. You can show you will pay her expenses such as housing, food, etc while she is here. She will be considered an international student by the college. She can apply for work permission based on her student visa but there are specific limitations to where and how much she can work. When she completes college she can look for an employer to sponsor her for a work visa.

[Crazy Cat 41,886]

2 minutes ago, belinda63 said:

The sister must apply to and be accepted by a college. The college issues the I-20 and then she applies for a student visa. You can show you will pay her expenses such as housing, food, etc while she is here. She will be considered an international student by the college. She can apply for work permission based on her student visa but there are specific limitations to where and how much she can work. When she completes college she can look for an employer to sponsor her for a work visa.

I agree........but the sister-in-law has immigrant intent....which disqualifies her for an F-1 student visa.

[belinda63 3,038]

She may have the intent but she doesn't have the method. It is more than a 20 year wait after the sister files the petition, which she can't do until she becomes a citizen. I seriously doubt she can drag her schooling out for the more than 20 years it will take.

Also true that is she wants to nurse in the Philippines she should attend school there. 

[Crazy Cat 41,886]

1 minute ago, belinda63 said:

She may have the intent but she doesn't have the method. It is more than a 20 year wait after the sister files the petition, which she can't do until she becomes a citizen. I seriously doubt she can drag her schooling out for the more than 20 years it will take.

Also true that is she wants to nurse in the Philippines she should attend school there. 

Good points...

[geowrian 22,337]

17 minutes ago, Unlockable said:

Those qualifying relatives are a spouse, a parent for minors, or a child over the age of 18.

21*

 

10 minutes ago, belinda63 said:

She may have the intent but she doesn't have the method. It is more than a 20 year wait after the sister files the petition, which she can't do until she becomes a citizen. I seriously doubt she can drag her schooling out for the more than 20 years it will take.

Young, presumably single Filipina nursing student that wants to stay in the US...I'm assuming she would find a way to stay other than her sister (possibly with or without an overstay if needed). Just a hunch. 🤷‍♂️

 

27 minutes ago, WeGuyGal said:

Your sister has to become a USC first, then sponsor her sister for an immigration visa in the sibling category which takes more than 15-20 years.

More like ~30+ years for Philippines for F4 (people who applied 23 years are just now becoming eligible).

[Boiler 45,525]

Wonder what she is going to say when asked why she wants to get her qualifications in the US?

[Cryssiekins 976]

44 minutes ago, geowrian said:

Young, presumably single Filipina nursing student that wants to stay in the US...I'm assuming she would find a way to stay other than her sister (possibly with or without an overstay if needed). Just a hunch. 🤷‍♂️

 

Yup!  Would probably find a USC boyfriend (or girlfriend) and go from there, which is fine if it’s legitimate and not just to be able to stay.