Immigration Site

Hi,

My sister has an F-1 Visa, which will be valid for another year. I want her to get a green card and to be able to stay here and work. She is a citizen of Kazakhstan. I am planning to file I-130 and I-485 concurrently.

Questions:

1) My understanding is that once I file for her, she will not be able to travel outside of the US, because on the way back the customs officers may deny her entry based on the fact that she has an immigration intent. Is that correct?

2) Is there any point in filing I-485 and I-130 concurrently? Is that even allowed for a sibling? I know its allowed for immediate family, but for a sibling? no idea.

3) Once her current F-1 visa expires in a year, will she still be allowed to go to school and/or work here in teh States? While her I-130 and I-485 are pending? From what I saw, it may take two years just for the I-130 to be approved. And then another god knows how many years for her green card to be issued. Would she be stuck here in the US unemployed and illegal after the F-1 visa expiration?

A1: Yes, once there is an I-130 in the system, there is a very strong chance of her being denied re-entry on F-1 status.
A2: You cannot file I-130/I-485 concurrently. The I-485 can only be submitted once her I-130 has been approved and the priority date is current.
A3: See above. A pending (or even approved) I-130 gives no temporary status in the US. She has to maintain some lawful non-immigrant status while awaiting for her priority date to become current.

1) My understanding is that once I file for her, she will not be able to travel outside of the US, because on the way back the customs officers may deny her entry based on the fact that she has an immigration intent. Is that correct?

2) Is there any point in filing I-485 and I-130 concurrently? Is that even allowed for a sibling? I know its allowed for immediate family, but for a sibling? no idea.

3) Once her current F-1 visa expires in a year, will she still be allowed to go to school and/or work here in teh States? While her I-130 and I-485 are pending? From what I saw, it may take two years just for the I-130 to be approved. And then another god knows how many years for her green card to be issued. Would she be stuck here in the US unemployed and illegal after the F-1 visa expiration?

While illegal overstays are forgiven for certain relatives of US citizens, this is not true for siblings. If she is in the US illegally, she will be unable to obtain the GC. She should under no circumstances remain illegally present while waiting for her priority date to become current. If she is unable to obtain a sponsoring employer to file for an H1B, she should return home to work and wait.

2) Is there any point in filing I-485 and I-130 concurrently? Is that even allowed for a sibling? No, its not allowed for siblings. Currently there is a 9-year gap between filing the I-130 and being allowed to file the I-485. So she will have leave the US when her F1 status expires, and wait out the rest of the 9 years outside the US, unless she can get some other status like H1B.