Riverview, FL Immigration Law Firms & Lawyers

It takes about 13 years before a visa becomes available for a sibling to sibling petition. And even when it becomes available, in order to adjust status to get a green card you have to be "in status", which means you have to have NO unlawful presence during the 13 year waiting period in the United States. If you arrived on the visa waiver program, and you overstay the 90 day period, then your visa waiver privledge will be permanently revoked.          

If an F-1 student like you is in legal status and keeps studying, he or she is allowed to continue staying in the U. S. while awaiting the H-1B. I am assuming that you are talking about an H-1B cap case in which the H-1B does not become effective until at least October 1st.  In the case that I just described, having an I-20 and studying until October allows the individual to stay. Otherwise the student would have to have some other basis like a post completion OPT that extends until the time that the H-1B petition is filed (that would allow the student to enter into a cap gap extension allowing employment and stay until September 30th if the H-1B petition is selected and either pending or approved by that date) or the beginning of February (that would allow the student to stay until September 30th under the same conditions but would not allow work). Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

At this time right now, most individuals would not attempt to file an I-129F K-3 petition for an alien spouse as that is usually only filed where the expected time for adjudication of the I-130 petition will be very long. U.S.C.I.S. is currently transferring many I-130 petitions in order to achieve a faster adjudication time. You say that she has a pending case in New Jersey for deportation. Leaving the US usually results in execution of a deportation order. You should check the immigration court line to see if she has already been ordered deported. If so, she would need an I -212 application approved for advance permission to return to the US as she would be barred for 10 years otherwise. In conjunction with the I-212, she would be barred for 10 years also if she stayed in the US illegally for one year. For that, she would require a waiver of excludability grounds under form I-601 provided she can show that a US citizen or permanent resident spouse or parent would suffer extreme hardship unless she was allowed the waiver.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.