GC start by my sister

[Niktad]

Hello Attorney,

My sister is a USA citizen and she wants to sponsor my GC . I am Married an currently live in Usa on h4 visa status . My husband is on h-1 visa .

My concern is

How long does it take to get GC or how is the process ?

She will file gc for me n later my husband can get automatically gc?

Do I need a lawyer for this process or need to directly follow uscis process

I am planning to study my masters course n change to F1 soon in few months will my status affect during my Gc

Can I study when she simultaneously files my gc

What forms do i need to start the process and what is amount for the same .

anything else that needs to go with above?

Appreciate your time and inputs

Regards

Niki

[JoeF]

It takes 12+ years for a GC as sibling of a US citizen.

[Niktad]

Thanks for your response .

But I have other concerns as stated in my note so would be greatful to know about my other queries

Thanks

[jairichi]

You will not get a F1 when a GC petition is filed.

[rajju077]

You will not get a F1 when a GC petition is filed.

I don't think this is correct. I got my F1 even when a GC petition was filed.

[JoeF]

I don't think this is correct. I got my F1 even when a GC petition was filed.

 

Then you got lucky.

For an F1, the person has to show that he or she has a home abroad that the person does not intend to abandon. INA 101(a)(15)(F).

With an I-130 or I-140, the person has shown immigration intent, i.e., the intent to abandon the foreign home.

[Niktad]

Thanks for your replies I appreciate a lot

But my husband company I filing gc for him

I m in h4 I know automatically I will get i140

But Till then can I convert to f1 status .

To study

Thanks

Nikita

[JoeF]

Thanks for your replies I appreciate a lot

But my husband company I filing gc for him

I m in h4 I know automatically I will get i140

But Till then can I convert to f1 status .

To study

Thanks

Nikita

 

Huh? On H4, you don't get an I-140. Your husband's employer can eventually file an I-140 for him.

And if your sister is sponsoring you, that means she would file an I-130 for you. With an I-130, you have immigration intent, and that means an F1 wouldn't be possible anymore.