Sponsor green card for sister here on F1 student visa

[visadude88]

Hello everyone,

I am a US citizen. My sister recently came over to the USA on a F1 student visa. She is going through a PHD program that will take roughly 5-6 years.

I wanted to sponsor her green card. How would her already being here in the USA on a F1 visa affect her current visa if I sponsor her? Additionally, is the green card process the same for someone already in the USA with regards to processing time and cost?

Please let me know if there is any additional relevant information that would be helpful.

Thank You,

 

[newacct]

Immigration for siblings of US citizens is in the F4 category, which has a wait for visa numbers of 13.5 years (longer for people born in Mexico or the Philippines). That means only that many years after you file I-130 can she proceed to the next step. Even if she is in the US now, she is unlikely to be in the US 13.5 years from now, so the fact that she's in the US now is not really relevant. If when a visa number becomes available (about 13.5 years from now), she is in the US and in status, she can do Adjustment of Status in the US; otherwise, she will do Consular Processing abroad.

Having a pending or approved petition for her could affect her ability to get a visa or enter on F1, but it's hard to say, especially given a category with such a long wait.