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Immigration Issues/Petition I-130 for Adult Daughter

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Question
Hello,

Hello,
I've moved to the US last year with a F1 Visa to study (fulltime) in order to get my Masters. I'm 42 years old and never stayed for a longer period of time in the US. My parents and my brother are US-Citizens and we would like to know the best way to proceed so I can stay and study while applying for permanent residence. I would also like to get a part-time job to make some money while I go to school. (My brother has a small company).
What is the best way to proceed? Should my parents petition for I-130 or should my brother first try to sponsor me for an H1B?
If we file the I-130 will this change my status to a temporary legal resident? (regarding tuition fees).

Any help is greatly appreciated,

thanks.

Answer
Hi Chris,

If your parents or brother file an I-130 petition (Petition for Alien Relative) for you, it will interfere with F1 status, which requires a nonimmigrant intent. There could be problems with traveling abroad and then entering the U.S. on F1 visa status when an I-130 petition has been filed.

Therefore, it is better if you wait until you graduate, and then an H1B petition can be filed by a company (it is OK if it is your brother's company). H1B visa status allows for intention to immigrate to the U.S. When in H1B status, an immigrant petition can be filed by your parents, which is somewhat faster than being sponsored by your brother.

The filing of an I-130 petition, by itself, does not allow you to remain legally in the U.S. You would need to maintain nonimmigrant visa status (such as F1 or H1B) while in the U.S.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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