I-130 for my brothers

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irfnor76

Registered Users (C)
Hey guys,

I am USC.I want to apply I-130 for my two brothers who are in the US. One is on H-1(Work Visa) and the other is on F-1(Student Visa). My question is will it be an issue for them (I130 filed/pending) while they exit and enter US. I mean the immigrant intent with non immigrant visas. Please advice.
 
irfnor76 said:
I am USC.I want to apply I-130 for my two brothers who are in the US. One is on H-1(Work Visa) and the other is on F-1(Student Visa). My question is will it be an issue for them (I130 filed/pending) while they exit and enter US. I mean the immigrant intent with non immigrant visas. Please advice.
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For the one with the H, no issue. For the one with the F, a big issue potentially.
 
Thanks for the reply Realcanadian but i don't understand why will it be an issue for the brother with F-1 visa. Just filing I-130 will not give him any benefit until his visa category is current and that may take more than ten years. Please advice.
 
because it will demonstrate his immigrant intent, which is a no-no when applying for or using a non-immigrant visa, and also when changing to another non-immigrant status. H1 is a dual intent so this issue is not applicable.
 
No issue for F1 brother as well as long as Valid status is kept. Tell your brother on F1, not to be out of status ever! F1 -> OPT -> H1. May be he finds a nice girl and get married then you have to withdraw your petition so his spouse could file.
 
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