I have been out of F1 visa Status for almost 10 months now, my brother has a green card and he has applied for naturalization, Will I still be illegible to apply for green through family, if he is to get his Citizenship, since I'm out of status? the other question is that can I still apply for reinstatement after 5 months of being out of status, if not what are my other options so I can go back to School?
First, and most important. Even if your brother were a US citizen today .. and you were in status ... it would take more than 10 years for his sponsorship to be able to do you any good.
Meet with an attorney ... and ... your foreign student adviser.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.
While your your us citizen brother can file a family petition for you, it will take a long time to process and you'll need to maintain lawful status in order to benefit from the petition without the necessity to depart from the country (and trigger unlawdul presence bar). This isn't easy to do when you're looking at a 10+ year wait.
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You must be in status in order to adjust your status to one of a lawful permanent resident. through your brother. Moreover, it will take a long time for your priority date to become current.
As for reinstatement, you are too late unless you can show extraordinary circumstance that prevented you from applying earlier. In the alternative, you may leave the U.S. and apply for a new student visa after obtaining a new I-20. You should have not accrued unlawful presence if there is no affirmative finding about you being out of status. However, the Consul may still deny the visa due to your prior status violation if you do not have a good explanation why it happened.
To benefit as an F-4 (brother of a USC), you have to be in lawful status and depending on where you are from - it will be years and years. As far as F-1 visa reinstatement - maybe, see or speak to an attorney ASAP
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No, you cannot file for adjustment for anything but an immediate relative petition, unless you maintain lawful nonimmigrant status. If you did not work illegally you can try to file for reinstatement.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.