Legal Question in Immigration Law in North Carolina
I am a US Citizen and I want to sponsor my sister who is in US on a F-1 visa. If I file a I-130 petition do I have to file a I-485 petition at the same time since she is in US? Once her I-130 is filed what would be her status? Can she stay in the US after the petition?
1 Answer from Attorneys
Yes, you can file the I-130. And this is the only petition that can be filed at this time.
Your sister is not eligible to file I-485 until her priority date is current, which can take at least 10 years or this visa category (it also depends on her country of birth).
No, her status will not change, and she can't stay in USA all 10+ years while waiting for her priority date UNLESS she has some other long-term non-immigrant visa.
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