Urgent help needed..status question??

R

ramkrishna2000

Registered Users (C)
My brother entered this country on a F-1 visa in Aug 99 and completed his masters and then transferred to another University but he could not complete his studies there due to health issues and was dismissed from the University in May 2002.

He married my sister-in-law in the US in Feb 2002. she is a green card and she applied for naturalization immediately in Feb 2002. She is due to get her citizenship by March of 2003.

Now my brother would be out of status when she would file a petition for his green card. What are his chances of getting it and if not then what are his options?

Also as I understand the case since he entered this country on a valid visa which does not expire until Dec 2003 he is not illegal but out of staus. Can someone please clarify the difference?

I would be extremely grateful if somebody could enlighten me on this.Thanks in advance.
 
If you read INS web site carefully, you will find that your brother will get PR even though he is illegally here as long as (1) he entered US legally (2) his wife is a US citizen. However, when his wife applies for citizenship, she should mention his status. I donot know if his illegal status will cause her difficulty of getting citizenship. If she appies his PR now based on her PR, it would take 5 years and he should maintain legle status. I suggest he leave country and enter with B2 visa.
 
I would like to thank you for replying to my post.

His wife has already applied for citizenship on Feb 2002 and she is due to get it by march 2003 if everything goes well. And in her application she did mention that my brother was on F-1 status. And when she will apply for his readjustment of status my brother would have fulfilled the 2 criterais that you have mentioned :

(1) he has entered this country on a valid F-1 visa
(2) his wife will be a US citizen

I guess then there should not be any major hurdles!!!
Any comments??

Thanks in advance.
 
since your brother is out of status by the time his wife is doing interview, she might have suspecion of "harboring illegal immigrants". But I do not know if it will create problem at her interview.
 
If she is legally married to him, I dont see how the issue of "harboring an illegal alien will come up". He does mention that he was out of status in May of 2002. But he got married in Feb 2002. Now he could be in a little trouble in some INS offices, where they look at the fact whether or not, he knew he was going to be out of status and got married before that. I read something about this happening at the Tampa, FL INS office. They were automatically denying people w/o interview who came here on visit visas and got married within 60 days or people who got married right before their visas got expired. On the contrary I have seen tons of people who were illegal for years and got married to USC and got their GC w/o any major issues(barring marriage was not legit).
Btw, being married to a USC/PR his chances of getting a B2 Visa are an ice cube's chance of survival in hell. I dont see how any counsular officer would give him any kind of non-immigrant visa now (except for H1) if they know that his wife is a PR/USC living here.
What you need to do is PRAY that your sister-inlaw gets her citizenhip in March like u anticipate. The very same day you can file for I-130, I-485(adjustment), EAD(work permit) and AP(travel permit). If he came here initially on F-1, I suspect that his I-94 would say D/S for expiration, so he would be eligible for Advanced Parole and would not be subject to any bars.
Actually you can file the I-130 right now and when she gets her citizenship, file another form(I dont remember the #; they usually give it to you during the oath) to upgrade the petition to that of a US Citizen, using the copy of the reciept of I-130, file for 485 etc..
 
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