Am I allowed to stay in the USA with an approved I 130

Asked over 1 year ago - Boston, MA

I am in the USA under an F1 visa, I got my MBA this year, and I am on OPT till April, My brother who is an American Citizen filled up the I130 for me and it is approved, am I allowed to stay in the USA knowing that my visa also will expire in November 2013.

Attorney answers (3)

  1. Karen-Lee Pollak

    Contributor Level 19


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . No an approved i130 does not allow you to stay in the country. You can only stay until November 2013 unless you obtain a visa through employment or another family member. Sibling sponsorship takes at least 10 years before a visa is available.

  2. Anthony Emeka Nze Nwosu

    Contributor Level 11


    Lawyers agree


    Answered . In order to adjust status an alien must be eligible to receive an immigrant visa (a petition has been approved), they must not be inadmissible to the United States, they must have valid current non-immigrant status (their authorized stay hasn't expired), and there must be an immigrant visa number immediately available to them.

    There won't be an immigrant visa number immediately available to you until the priority date on your I-130 is current. The wait is usually about 10 years depending on what country your from.

    The requirement that the alien have valid non-immigrant status is waived for immediate relatives of US citizens; spouses, minor unmarried children, and parents. It's not waived for anyone else.
    A pending or approved I-130 doesn't provide any sort of immigration status to an alien. It just makes them eligible to apply for a visa.

  3. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyer agrees

    Answered . I agree with my colleagues

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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