Hi all,

My sister-in-law has recently been approved her N400. Her sister is holding a F1 at a local university. The question is:

On I130 app, a USC may petition for family members, can she petition to adjust the status for her sister under that category?

Thanks for help.

your SIL can petition for her sister.

For her sister to adjust status based on that petition, the "priority date"(PD) must be current. It takes 10+ years for a PD to become current in the category "USC petitioning sibling".
In the meantime, the sister has to maintain a legal status on her own.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3827.html

Thanks aneri,

After the I485&I130 are filed at the same time, wouldn't the status of her sister pending starting from the date of NOA?

Which means she is not an F1 any longer, is she? Can she travel too? Would she need I131 if the visa becomes available in about 10 years?

I checked out the link, but found no answer to these questions.

Thanks,

In this case (family preferance category, not immediate relative for immigration purpose), I-485 can't be filed the same time as I-130. I-130 by itself gives no status to beneficiary, so she continues to be F1 and does not need (can't get) I-131.

I-485 in cases like this is submited when PD becomes curent, meaning Visa Bulletin shows the date in her category that's after the date I-130 was submited. Looking at the Bulletin, people on whose behalf I-130 was filed before or on May 22, 1997 (if from that area) may now file I-485 for adjustment of status or ask for an immigrant visa.