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I-130 for brother (i'm US citizen) and my brother is 24 and student.

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  • I-130 for brother (i'm US citizen) and my brother is 24 and student.

    Hi,

    I'm US citizen. My brother (unmarried) is 24 and he is a student. I'll be filing I-130 for my brother but it will take about 10 years before he gets visa call. But someone told me that since my brother is student, he can come to US faster and will not take 10 years. Is that true? if so, what do I have to do? Do I need to submit special forms or documents?

    Thanks,

    Samir

  • #2
    He can get a student visa to come to the US without a long wait. But that won't speed up his green card process. Once his studies are done, he'll have to leave the US to wait out the rest of the 10 years, unless he gets another visa like H1B so he can stay and work for some more years (and even that might not be enough to enable him to stay in the US until the end of the 10 years).

    EB3 ROW I-485 Approved: July 2007
    USC: July 2013
    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

    Comment


    • #3
      Originally posted by spatel1 View Post
      Hi,

      I'm US citizen. My brother (unmarried) is 24 and he is a student. I'll be filing I-130 for my brother but it will take about 10 years before he gets visa call. But someone told me that since my brother is student, he can come to US faster and will not take 10 years. Is that true? if so, what do I have to do? Do I need to submit special forms or documents?

      Thanks,

      Samir
      Samir - You ask what should you do? I would suggest you to kick that someone's behind for misguiding you.
      Good Luck!

      Comment


      • #4
        Originally posted by spatel1 View Post
        Hi,

        I'm US citizen. My brother (unmarried) is 24 and he is a student. I'll be filing I-130 for my brother but it will take about 10 years before he gets visa call. But someone told me that since my brother is student, he can come to US faster and will not take 10 years. Is that true? if so, what do I have to do? Do I need to submit special forms or documents?

        Thanks,

        Samir
        At this time there is no special benefit. In fact, you filing for him demonstrates "immigrant intent" which is contrary to the requirements of the student visa rules.

        Since you seem to have naturalized and waited in a line, why would you not expect him to do the same? Why do you think he is more important than the others who have not been fortunate enough to have a family member become a USC?

        Comment


        • #5
          I really hope you did not pay this "someone" for this advice!!!

          Originally posted by spatel1 View Post
          But someone told me that since my brother is student, he can come to US faster and will not take 10 years. Is that true?
          Regards,
          S K Ghori
          skg@vex.net
          http://www.vex.net/~skg/

          **NOTE**
          I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

          **DISCLAIMER**
          I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

          Comment


          • #6
            Let your brother enter as student BEFORE filing an I-130. An I-130 could prevent him getting a student visa. IF he enters as a student and IF you then file an I-130, he should not depart the U.S. until he completes his studies. IF he is able to obtain an H1-B, he would then be able to depart and return in spite of the I-130.

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