F1 Student - in status applying for family based green card - fourth preference

I

ice10

New Member
I,m an international student, lawfully in the US on F1 status. I got my first degree in the US, worked with my engineering degree with OPT and now back pursuing my masters. Never been out of status.

I am now wanting to apply for a GC because my sister is a US citizen (over 21 and gainfully employed). I am also over 21. According to the USCIS I am in the 4th preference.

Here's my question.

When my sister submits my petition for a GC can I apply for Advanced ParoleTravel document at the same time , can I also apply for adjustment of status / GC at the same time since I am legally in the US already?

Also my visa has expired but still in school with a valid I-20, 1-94.

Thank you
 
In family 4th preference* you can't file the I-130 petition and adjustment of status together (nor related benefits like Advance Parole).

First your sister must file I-130, and then you have a 10-11 year wait to become eligible for adjustment of status. The I-130 by itself grants you no status, so you'll almost surely have to leave the US before the end of those 10-11 years, so unless you find a way back into the US legally by the end of that decade you'll end up applying for an immigrant visa with a consulate instead of adjustment of status within the US.


*the same is true for 1st, 2nd, and 3rd, due to the existing backlogs and cutoff dates established by the visa bulletin.
 
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