Q: Im in USA under F1 visa and my brother is a US citizen. My question can he sponsors me to adjust status for a green card
As I mentioned I'm a student in college under F1 visa and my brother is a resident and a US citizien. Is there any way to sponsor me for a green card ?
A:
He can petition you, but you cannot adjust status for a long time. The fourth preference family visa category is an extremely limited quota of annual visas. This means that people must wait many years before they can immigrate as a sibling of a U. S. citizen. If he files for you, you will have to wait years, even decades, before you can even consular process. It is highly unlikely that you can maintain your F-1 student status for the time that it will take for the 4th Preference visa to be current based upon the State Department's Visa Bulletin. In addition, once he files, you may be considered as having immigrant intent for the purposes of any future non-immigrant visa application and/or entry even if you want to return to your studies.
As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck.
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