Newbie question regarding GC application and F1

[07GGFA5]

Hi guys... I've recently started researching and the more I search the more I get confused Please help

I'm a US citizen over 21 years age. I have a 13 year old brother living overseas that I want to sponsor for citizenship.

I'd also like to have him come to the US immediately and study in high school through college... If I were to file for his petition today, will it be possible for him to get a F1 or any other type of non immigrant visa meanwhile? Or can he come to the US on F1 first and then I file petition for immigrant visa for him while he's studying in the US?

Sorry if this topic has been discusses before. I've tried searching but had no luck.... Thanks in advance!!

[PraetorianXI]

It will be harder for him to receive any non-immigrant visas when you file for his Green Card. So the best would be for him to secure an F1 visa first.

[austriacus]

I hope you realize that it will take some 13 to perhaps over 20 years to get a green card for your brother through your family relationship. But, he's still young, so chances are your family based petition will go through in about the same time as an employment based petition will later (or a petition through a potential future US citizen spouse!). Let's see ... I'm not sure if he might run into trouble if he's traveling after you file his immigrant petition and he wants to re-enter the US on F-1 ... certainly trying to file for a new F-1 visa when his old one expires will be difficult with a pending immigrant petition (I think mine was valid for 5 years at the time) ... worst case he'd have to stay in the US and not be able to travel home until he completes all his studies, and make sure he doesn't fall out of status.

[austriacus]

I think there may also be an option where your parents immigrate and file a petition for your brother (who will presumably then be studying on F-1 in the US) as permanent residents or later as citizens, and the timing is tight but with some luck it may work out to where he's under 21 when an immigrant number comes available for him through that route. CSPA may help with the timing too.

[07GGFA5]

Thanks for the knowledge guys... I do realize that me sponsoring my brother will take a long long time.... We thought about me sponsoring my mother and then have her sponsor my brother. But we're unsure if my mom will be able to stay in the US long enough to fulfill the requirements, due to her medical conditions and family situtations.

Looks like the best bet right now is to get F1, turn my brother into a pimp, have him marry a US citizen or GC holder right out of high school

[LucyMO]

you'd be the pimp, though... giving your brother away into a marriage.

By the way, your brother exhibits immigrant intent. Entering the US on a non-immigrant visa with immigrant intent is fraudulent and may cause problems.

[xerostomic]

your brother is below 21 years so if you sponsor your mother then your brother would become the derivative benificiary of your mom and he can come right away with your mom. This is the quickest way to bring him here. Your mom don't have to live here and wait for his immigration as children under 21 can come with their parents without any problem, so just go ahead and file I-130 for your mom and your brother will be in US with in an year

[LucyMO]

xero, you are wrong. There are no derivatives in a case when a US citizen sponsors his parents. His mom will not be able to bring the kid when she immigrates.

[austriacus]

When exactly is someone considered to have immigrant intent, in this situation where it's clear that no immigrant number will be available for that person for many years? Let's say the brother plans to immigrate when he's, say, 25 and has completed his education and is ready to settle down, work, get married etc. Yet, he would also like to have a US education. Since we know the sibiling petition will take a long time to be approved, it needs to be filed soon. The brother is now considered to have immigrant intent and has to wait some 12 years before he can begin his US education as a permanent resident, although he never intended to be a permanent resident while he studied but only after he turns 25.

Or does the government simply assume that if someone submits a petition for their relative, the relative intends to immigrate the moment the petition is filed?

I've also heard the concept of "not immigrating on this specific visit" thrown around ... so what if the brother gets an F-1, the OP files petition, brother completes his studies and returns to his home country and goes through CP when the PD becomes current?

Anyway, the F-1 application will contain some questions that pertain to this ... "how long do you intend to stay in the U.S." ... "has anyone ever filed an immigrant visa petition on your behalf" ... "do you have a US citizen brother."