You are here:

Immigration Issues/I-130 petition file while another is pending?

Advertisement


Question
Good day sir, my sister has recently filed an i130  petition on my behalf as his brother. I was misinformed it can enable me to register permanent residence/ adjust status with form i485. I filled the i485 but was denied by USCIS that my priority date is not current. I am confused. I was misinformed. I wish to stay with my sister here in the US as she is a citizen. please, My question is this : can i fill another i130 petition (as my girlfriend is a UScitizen) through marraige while the i130 from my sister is pending? Or will i be better off filling to adjust my b1 visa to F1 to enable me stay legal in America. Or is either option a possiblity? I seriously need your help. Pls reply. Thank you sir.

Answer
Hi,

You cannot remain legally in the U.S. based solely on sponsorship by a U.S. citizen sibling. It will probably take at least 10 years for an immigrant visa to be available in the 4th family preference category: www.h1b1.com/sponsor.htm

You can remain legally in the U.S. based on bona fide marriage to a U.S. citizen, and the earlier I-130 filing will not interfere with sponsorship based on marriage to a U.S. citizen: www.h1b1.com/Uscitizen.htm

There is a strong likelihood that your change of status application from visitor to student will be denied, as you have an intention to immigrate to the U.S.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.