Parents petition for my younger brother on F-1 visa

[al.vin 2]

My parents are permanent US residents and now they would like to petition for my younger brother (19 years old). He has been in the US for 5 years now on a student F-1 which had expired in May 2021, though his college his recently issued him an i-20. Are there any issues or anything we should look out for when petitioning him?

 

Thanks

[HRQX 4,145]

9 minutes ago, al.vin said:

which had expired in May 2021, though his college his recently issued him an i-20.

Have there been any gaps in the stay authorized by DHS?

9 minutes ago, al.vin said:

Are there any issues or anything we should look out for when petitioning him?

  Is the plan to do consular processing or is it to do AOS?

Edited August 23, 2021 by HRQX

[al.vin 2]

7 minutes ago, HRQX said:

Have there been any gaps in the stay authorized by DHS?

What do you mean specifically by gaps in the stay unauthorized by DHS? 

 

He has not applied for any kind of extensions nor another F-1 visa.

[al.vin 2]

13 minutes ago, HRQX said:

Have there been any gaps in the stay authorized by DHS?

  Is the plan to do consular processing or is it to do AOS?

The plan is to do an AOS.

[Boiler 45,967]

When does his I 94 expire.

[al.vin 2]

13 minutes ago, Boiler said:

When does his I 94 expire.

It shows D/S - Duration of Status

[al.vin 2]

He has been a continuous student for the last 5 years and has not taken a semester or time off (aside from summer break).

[SusieQQQ 11,587]

27 minutes ago, al.vin said:

He has been a continuous student for the last 5 years and has not taken a semester or time off (aside from summer break).

He will need to be able to show he has always maintained status to be eligible to do AoS.

 

Just confirming (as first post implies he has been on F1 since he was about 14) - he was at a private high school, correct?

[al.vin 2]

6 hours ago, SusieQQQ said:

He will need to be able to show he has always maintained status to be eligible to do AoS.

 

Just confirming (as first post implies he has been on F1 since he was about 14) - he was at a private high school, correct?

Correct, he was at a private high school for 5 years and now just started college. So he should have been issued i-20s to cover those 5 years and the most recent college year. Is that sufficient to show that he has maintained status and has not overstayed the F1 visa? 

[SusieQQQ 11,587]

2 hours ago, al.vin said:

Correct, he was at a private high school for 5 years and now just started college. So he should have been issued i-20s to cover those 5 years and the most recent college year. Is that sufficient to show that he has maintained status and has not overstayed the F1 visa? 

I was checking to see that the F1 had not been violated by incorrect schooling (any violation, not just overstay is a bar to adjustment). He should be ok from what you have described here.

[al.vin 2]

47 minutes ago, SusieQQQ said:

I was checking to see that the F1 had not been violated by incorrect schooling (any violation, not just overstay is a bar to adjustment). He should be ok from what you have described here.

Thanks, that's what I was concerned about. 

 

Just curious, what would be considered incorrect schooling? 

[SusieQQQ 11,587]

27 minutes ago, al.vin said:

Thanks, that's what I was concerned about. 

 

Just curious, what would be considered incorrect schooling? 

F1 allows a maximum of one year at a public high school, so more than that would have been in violation of the high school rules for F1. As they were all at private school it’s fine.

[HRQX 4,145]

***I have moved this topic to Adjustment of Status from Work, Student, & Tourist Visas forum*****

[HRQX 4,145]

11 hours ago, al.vin said:

The plan is to do an AOS.

Thus send the I-130 petition at the same time as the AOS forms. I-130 and I-864 are filled-out by the LPR parent, and the rest of the forms are filled-out by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with a copy of your brother's birth certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

He'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/filing-guidance/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

He'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

[al.vin 2]

11 minutes ago, HRQX said:

Thus send the I-130 petition at the same time as the AOS forms. I-130 and I-864 are filled-out by the LPR parent, and the rest of the forms are filled-out by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

 

Thanks this is really helpful getting us started!