I am a US Citizen. My sibling is here on a J1 visa and is a physician. Most likely after the residency and felllowship, my sibling will qualify for a Waiver post and EB1 filing. But being India born, does it make sense to file for a Family-based petition for my sibling now? Are there any restrictions on applying, since J1 is a pure non-immigrant visa?
GC for sibling who is here on J1
- Thread starter USCinNJ
- Start date
well, you could file, however, it will take him over 10 years to immigrate through you. He will have to either maintain his non-immigrant status, leave the States or get a GC through some other means in the meanwhile. By the way, is he subject to home residency requirement and, if yes, is he planning to get a waiver?
Yes. Like I said my sibling will most likely qualify for both a waiver job and EB1 filing (as outstanding researcher) after the waiver. But does it make sense to start the Family-based petition in the meantime as a backup? Is there any restriction in filing the I-130 as my sibling is in J1 status?
Jackolantern
Registered Users (C)
No. The I-130 can be filed now, but the waiver must be obtained, or 2 years spent in the home country, at some point in time before applying for adjustment of status or going to the consulate for an immigrant visa.
That's up to you and your sibling to decide if it is worth the time and money, given the 10-11 years of waiting (during which time legal status must be obtained and maintained by another route, unless departing from the US to wait out the years).
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Indian_Citizen
Registered Users (C)
It wont be tough to get a wavier based on working in Physician shortage areas.
If he wants to go fellowship then he may need to continue on J1. But I guess he can do that up to 7 years on ECFMG sponsored J1 visas.
Triple Citizen
Registered Users (C)
Will that cause a problem when renewing the J1 visa on passport at a consulate owing to the fact that an immigrant visa has been applied for?
Jackolantern
Registered Users (C)
Possibly yes.