Alexandria, VA asked in Immigration Law for Virginia

Q: I came USA in 2011 as F-1 visa, now i am in OPT. My sister is US citizen. can i apply for greencard via Form I-130

how long it will take for Process and if i submit I-485 form, how logn it will take to change my status?

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1 Lawyer Answer
Gary D. Godman
Gary D. Godman
Answered
  • Stafford, VA
  • Licensed in Virginia

A: While I am not well acquainted with student visa programs, I do know about family petitions, and petitions for siblings of adult US citizens are currently backed up 13 years (longer if you're from Mexico or the Philippines). While an I-130 could be filed on your behalf now, you could not submit I-485 at this time. You're in for a long wait and very possibly will have to return to your home country. Consult with a local immigration attorney to see if you have other options or to explain the process as it specifically applies to your circumstances. Good luck.

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