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My daughter will be entering in USA on valid F1 visa in

September. If her brother(US citizen) filed...
My daughter will be entering in USA on valid F1 visa in September.
If her brother(US citizen) filed a petition I-130 for a Green card,then while the I-130 process is pending,
Will USCIS will allow her to enter USA or sent back her to INDIA.
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Answered in 5 minutes by:
3/16/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,336
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 4 months ago
Please read “ if her brother Now files a petition I-130”
Customer reply replied 4 months ago
Next question,
The processing time of I-130 at USCIS service center Potomac is running of priority date April 2017, while California service center is running year 2011 for F4 category.
From which USA address I-130 be filed so that it will be forwarded to Potomac service center for processing.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Most likely she would be denied entry if there is an I-130 pending for her. IF her brother files for her, it should be after she enters the U.S. on the F-1, but be warned, she will not be able to travel outside of the U.S. after that, will not be able to transfer schools either because if they see the I-130, they would deny anything related to the F-1.

As to the processing times, that is not what matters. She can get an approval of the I-130 very quickly, but she cannot use it for probably 12 years or so. Why? Because the category of sibling of U.S. Citizen has the least amount of visas available each year and too many people that apply each year in that category. So the wait for a visa is about 12 years long now. Here is the link on the first chart:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-april-2018.html

Under F4 category which is siblings of U.S. Citizen, the date is 15SEP04 which means only I-130s filed on or before September 15, 2004 can be used to immigrate. This is a waiting line of people that apply before your son and nothing in the law allows anyone to jump ahead of anyone else in line, not even in an emergency. I am truly sorry, but they will have a long wait.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 4 months ago
I am sorry for shooting question.
My last question is that:-
While my daughter is in US on F1 visa & her brother files I-130 in F4 category at Potomac center & after approval of I-130, Her brother or she may file AOS(adjustment of status) because she will be for two years on F1 visa.

No. It's 12 years. She cannot file AOS until a visa is available to her through that I-130 and that is taking about 12 years. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,336
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
Therefore, employment after her MBA at Suffolk on H1B will be the only option left?

Pretty much. That's how most people do it. Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 4 months ago
Thank you Mr.Guillermo, you are a great help.

My pleasure!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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