File i-130 when you already have f-1.?

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File i-130 when you already have f-1.?
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File i-130 when you already have f-1.?

Hi I recently became US citizen and now want to file i-130 for my sibling who is already here in USA on F-1 visa? Is it possible to file i-130 while he is here because I have heard that if you are on non-immigrant visa and file for i-130 there will be some problems when try to take transfer to another college and while you travel outside of USA and try to re-enter on the basis of I-20 form and F-1 visa, they will not allow you to re-enter...Please advise.

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Jeannie Out of the Bottle

You can file the I-130 and he should file for adjustment of status as well.
Siblings are in the lowest preference category and takes years. He would also need to file for advanced parole, allowing him to travel in/out of the US while the application is in process.

http://www.uscis.gov/files/form/I-130instr.pdf

http://www.uscis.gov/files/form/i-485instr.pdf

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Yak Rider

The I-130 will have no effect on his F-1. As long as he can prove he's qualified he can get any type of non-immigrant visa while waiting for his I-130 to become current.

HE CANNOT FILE FOR ADJUSTMENT OF STATUS.

Read the first page of the instructions....

http://www.uscis.gov/files/form/i-485instr.pdf

Who may file...... An immigrant visa number must be IMMEDIATELY available. Your brother is from India and it will be at least 11 years before the visa becomes available. It will cost $1,010 to file the I-485 and he'll be rejected, because he's not eligible, and there's NO REFUND. He can't file for advance parole either. He can't file for a work permit.

When his F-1 expires he either needs to find another type of non-immigrant visa or he needs to leave the USA.

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