sponsoring F1 student's green card

[skim]

Hi all,

I am a US citizen residing in NY. My sister is a Korean citizen and is studying here on a F1 visa. I would like to sponsor a green card for her and I would like to start ASAP as I know it takes 10 years on average.

However: I briefly spoke to a lawyer and she said she would not recommend applying for her green card while she is on F status, because you cannot have immigrant intent with F/J visas.

I wanted to discuss further but of course a consultation would cost $500...so I wanted to ask for help here. Should we wait until she is in H status to apply? She goes to Korea for vacations and travels abroad quite a bit.

I look forward to hearing from you - thank you very much.

[darko]

This is what I would do.

If i have visa that's valid for next 3-4 years which will let me travel home during my studies without having to apply for new visa then I'd apply for adjustment of status now.

If my visa is to expire soon then I would wait and apply for new visa first. As far as I remember on the visa application form there is a question whether you ever tried to pursue permanent residence and her F1 will be likely refused if she answers yes.

Theoretically, of course, immigration officer could turn her down at the border if he somehow discovers she has petition for adjustment of status pending and trying to enter the country with F1 visa, but truthfully, I find it unlikely, but again I am not a lawyer.

Once she converts to H1 status then green card petition shouldn't be an issue.

Btw, you could find cheaper lawyer...