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?


Asked on 1/04/10, 6:12 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

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.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/09/10, 7:46 pm


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