Citizen relative filing for me (F1 student)

[Elizabeth Penny 0]

My brother just got citizenship and I got to America a year ago on F1. Can my brother file for me to change my status?

[Boiler 45,505]

He can file for you but how do you intend to stay in status for 20 odd years until your PD is current?

[Elizabeth Penny 0]

Do you mean I’ll have to wait 20 years to get my status changed or could you explain further?

[Unlockable 7,314]

1 hour ago, Elizabeth Penny said:

Do you mean I’ll have to wait 20 years to get my status changed or could you explain further?

In order for you to successfully adjust your status from a nonimmigrant visa, you would have to be here legally on a previous visa, such as your student visa.

 

The problem is that the process for sibling visas take 15 to 20 years. And there is no way to speed it up or bypass that wait. You will not get a green card based on your brother filing for you simply because you are already here on another visa.  The process will still take 15 plus years and there is no way to remain on a student visa for that long. 

 

So to answer your question, your brother can file for you, but you will not immediately obtain any legal status and once your student visa is done, you will have to leave and wait out the rest of the years out of the US. 

 

[Crazy Cat 41,851]

5 hours ago, Elizabeth Penny said:

Do you mean I’ll have to wait 20 years to get my status changed or could you explain further?

Yes.  and if you have EVER been out of status, you can NEVER adjust status through your brother.  That means, you can't just illegally hang around until that time comes.   I don't see any way for you to stay in the US legally that long.

Edited November 26, 2022 by Crazy Cat

[nastra30 2,286]

Your bro can file for you but you can only adjust your status from year 2037 onwards when your priority date becomes current. And only if you maintain legal status until then which is not feasible with F1 status. So yes, you brother can file you but it seems you will have to return home (when F1 status expires) and wait it out till when your case becomes current in 15+ years.

[Boiler 45,505]

15 years ago there were far far fewer people waiting now the numbers are greater and the annual allocation has not changed

 

I see a lot of students stay many see it as a one way trip work marriage and asylum seem the common ways to stay sibling sponsorship less so

[Kanja 201]

Depending on where you are in your studies and what you are studying- there are programs of study that can take 15 plus years to complete depending on how you go about it  . Combine that with OPT’s, then maybe you would be here till 2037 while in status ? Unlikely though 

[Rocio0010 5,579]

1 hour ago, Kanja said:

Depending on where you are in your studies and what you are studying- there are programs of study that can take 15 plus years to complete depending on how you go about it  . Combine that with OPT’s, then maybe you would be here till 2037 while in status ? Unlikely though 

Which programs?

[Kanja 201]

53 minutes ago, Rocio0010 said:

Which programs?

I thought I posted this but now I can’t find it so forgive me if this is a Double post.

 

but mostly medical and some PHD programs. 
 

for example I went to a 5 year undergrad program then did 2 years of grad school. I planned to go to medical school but I didn’t but if I did that would have been another four years of school for a total of 11 years. Some masters programs can take longer(most don’t). That doesn’t include required medical residencies either. I think most folks have to do at least 2-3 years of medical residencies.

 

doesn’t include any OPT, externships, internships etc.

 

doctoral programs can take 6 years which may or may not include research for dissertation, though to be honest I don’t know how research towards dissertation counts towards allocated f1 visa time

 

for the OP, if your parents are alive you may have a better chance of your sibling petitioning for one of your parents and your parent petitioning for you (dependent on your age). If you are under 21 it will happen faster. 

Edited November 27, 2022 by Kanja

[Chancy 6,241]

*** Moved from AOS Progress Reports to AOS from Work/Student/Tourist Visas forum ***

 

[Noname93 200]

9 hours ago, Kanja said:

 there are programs of study that can take 15 plus years to complete

In that case, OP also wouldn't be allowed to leave the country at all in the next 15 plus years though, right? Because as soon as they re-enter, they're entering with a non-immigrant visa with immigration intent.

[Kanja 201]

6 hours ago, Noname93 said:

In that case, OP also wouldn't be allowed to leave the country at all in the next 15 plus years though, right? Because as soon as they re-enter, they're entering with a non-immigrant visa with immigration intent.

That’s such a good point and it sounds right but I can’t say for sure. 

[Boiler 45,505]

With such long wait time immigrant intent is not really an issue at this stage.

[Crazy Cat 41,851]

@Elizabeth Penny, the bottom line is that your brother can file for you, but there no real option for you to adjust through him for many years.