Urgent help needed..status question??

[ramkrishna2000]

My brother entered this country on a F-1 visa in Aug 99 and completed his masters and then transferred to another University but he could not complete his studies there due to health issues and was dismissed from the University in May 2002.

He married my sister-in-law in the US in Feb 2002. she is a green card and she applied for naturalization immediately in Feb 2002. She is due to get her citizenship by March of 2003.

Now my brother would be out of status when she would file a petition for his green card. What are his chances of getting it and if not then what are his options?

Also as I understand the case since he entered this country on a valid visa which does not expire until Dec 2003 he is not illegal but out of staus. Can someone please clarify the difference?

I would be extremely grateful if somebody could enlighten me on this.Thanks in advance.

 

[mirfandar]

Most probably your brother has to file I485 supplement. He has to pay 1000 fine. Make sure when his wife got her citizenship asap upgrade the petition status from green card to usa citizenship.

Also have all other paper work for your brother up to date. He can also restart his college to avoid more time out of status(If its feasible).

 

[mirfandar]

He can also talk with Univeristy and took a semester break. If he was very sick then Univeristy normally grant semester breaks. He can now reinstate his admission then he will be back in business. The supplement i told you is also a possibility but it depends upon the immigration officer. So its good to have him his status back untill he get work authorization. Otherwise its a tough situation.