Citizen Sponsoring Sibling And Possibly Applying For Student/H1B Visa

S

shonidanchbhaiya

New Member
I recently became a citizen of US (came to US on basis of marriage). My husband has been a naturalized citizen for well over 10 years. I want to file I-130 for my parents and my brother (turned 21 few months ago). My understanding is that parents can be here within a year if everything goes as intended. For sibling (F4), wait time is rather long (15 years or so). I am looking for a fastest way to unite the family here (in United States).

Background on brother: 21 years old with a Bachelor of Sc. In Computer Science degree.

As I can see, there are 3 options we have for brining my brother here. First one is F4, which I am willing to file and have it running in the background.

Second option is to have him come as a student and go through the hoops of CPT/OPT, finding internship/employer which would apply for H1B on this behalf. Getting green card takes just as long as F4 but the benefit is being with the family in the meantime.

Last option is to discuss with my husband's company here in the states to see if they would need him and can apply for H1B on his behalf.

My main question is: IF I apply for option 1 of F4 visa, can I concurrently try the option 2 or 3? Will they have adverse affect on the status?

I have more questions but I would like to hear from someone who has experience in the matter or have knowledge of the best route. Any advise/feedback is appreciated.

Shoni
 
A more sure way than student and work visas that may or may not happen, and that is faster than F4 but may still be longer than you like, is to have your parents sponsor your brother once they have their green cards. He needs to remain unmarried for them to be able to sponsor him, as green card holders cannot sponsor married children. For most countries this category (F2B) is around 5-6 years.
 
Thanks for the details about parents sponsoring. I hadn't looked up the married/unmarried stipulation. We had thought about parents sponsoring but decided against it since it is still quiet a long wait. If we decide to combine it with student visa, would there be any harm? For example, apply for student visa first and then he comes to the US (from India) and then we apply for child visa (F2?). Or maybe possible to change status from student visa to green card? Not sure if that's possible.

And I was under the impression that student visas are attainable if you have bank balance of 25 lakh plus (~$35,000 USD) and if you could pass GRE/IELTS. Am I mistaken?

Lastly, my main question. I read somewhere that I can apply for his I-30, apply for tourist visa, and apply for change of status once he is here? Is that a possibility?
 
shonidanchbhaiya said:
Thanks for the details about parents sponsoring. I hadn't looked up the married/unmarried stipulation. We had thought about parents sponsoring but decided against it since it is still quiet a long wait. If we decide to combine it with student visa, would there be any harm? For example, apply for student visa first and then he comes to the US (from India) and then we apply for child visa (F2?). Or maybe possible to change status from student visa to green card? Not sure if that's possible.

And I was under the impression that student visas are attainable if you have bank balance of 25 lakh plus (~$35,000 USD) and if you could pass GRE/IELTS. Am I mistaken?

Lastly, my main question. I read somewhere that I can apply for his I-30, apply for tourist visa, and apply for change of status once he is here? Is that a possibility?
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With parents sponsored and sibling in the US, imo the chances of being able to prove the non-immigrant bona fides required for a student visa are pretty low. Having the funds and an acceptance to a college is a minimum requirement, certainly no guarantee. $35k is generally not enough for a year’s total cost of attendance at a genuine US college unless you are also getting a scholarship, btw.

Even if you want to ignore that entering on a tourist visa with intent to adjust status is fraudulent, the fact that he can only apply to adjust status once his priority date is current makes it a moot point anyway, seeing as a tourist visa allows authorized stay of 6 months and it will be years before his priority date is current. He will not be able to adjust if he is in overstay.
 
Hmm I see. So I guess the only real/concrete option we have is to to have the parents come over and then they can apply for their son (5-7 years wait). In the meantime, should my brother apply for a visitor's visa before we fill anything out for parents? I want all of them to come to the US for the first time together.
 
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