Asked in Immigration Law for Virginia

Q: First F-1, second I-130, third H-1B, fourth I-485?

Hello and thank you for opening space for questions. I'm an American Citizen and I'm going to sponsor my brother to study in a university in Virginia. I'll also apply for his green card after he starts to study, so I have three questions: I read that there is no way for him to get his green card through me in less than 10 to 13 years - is it true? Second and most important, he is going to get a degree in Mechanical Engineering, could an employer apply for something like the H-1B visa for him while he is waiting for the time to file Form I-485 or this goes against the I-130 immigration petition? Lastly, besides the F-1 visa, what type of visas one can keep on applying or renewing while waiting for the priority date to became current, please?

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1 Lawyer Answer
Vivyane Kima
Vivyane Kima
  • Immigration Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: Too many questions, too much more information needed to give any detailed response. My suggestion is to consult an immigration attorney right away to better address your questions, after you provide a more in information. But in general:

Q-1 Yes, Brother filing for brother is far in the priority chain, so can take quite a while.

Q-2 An employer is at liberty to file for a qualified applicant of it's choice.

Q-3 Usually one immigration relief does not preclude filing for another, with a few exceptions. Which is why you want to consult with an immigration attorney sooner than later. Good luck

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