Will I be issued my I-130 if my student visa expired? 8 Answers as of August 17, 2011

I entered the US on a student visa. After the completion of school, I missed the opportunity to do OPT. My brother is US citizen and has petition I-130 for me. I was wondering if they will deny my application because of my expired status. What can I do to fix it? Any feedback or insight will be appreciated. Thanks

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
I-130 has nothing to do with status. It may be approved but for you to use it, if you are not under 21, you should leave US and wait for your priority date to become current
Answer Applies to: Nevada
Replied: 8/17/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Dear customer, USCIS will not deny your I-130 because you are out of status. If you can show that you are really a US Citizen's sister, there will be not any problem at all. Now the I-130 petition is a family petition form. Once it is approved, you will not get the green card immediately. You will have to wait some years (in some cases like 10 o 20) until your priority date becomes current. When your priority date is current you will be able to adjust status in the US or in your Country of origin. It depends on many circumstances. We need to have more information about you to know where you will be able to get the green card.
Answer Applies to: California
Replied: 8/5/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
The filing of the I-130 does not give you the benefit to stay in the US and wait for the process. Therefore, the longer you overstay the worse your case. If you have not overstayed 6 months, you should leave and re-enter under some other lawful work, student or visitor visa.
Answer Applies to: California
Replied: 8/4/2011
Fong & Associates
Fong & Associates | William D. Fong
The USCIS will approve your brother petition for you, but unless you leave the US or can show you qualify otherwise, they will deny your application for adjustment of status as you are out of status.
Answer Applies to: Texas
Replied: 8/4/2011
The-Immigration-Lawyer.com, PC
The-Immigration-Lawyer.com, PC | Scott D. Mills
The i-130 application will not be obstructed by the expiration of your student visa. The important issue is whether you entered legally, and if you had your student visa you did enter legally.
Answer Applies to: Utah
Replied: 8/4/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Your brother's I-130 petition will not be denied because you are out of status. However, the petition does not give you status and your overstay will become an issue if you apply for an immigrant visa later on. The pending petition will not allow you to request reinstatement of your student status so that you have to leave the U.S. before you accrued more than 180 unlawful presence. Whether you already accrued unlawful presence depends on the formal termination of your student status not only your failure to request an extension of your student status by applying for opt. I strongly recommend consulting with an experienced immigration attorney because you have a lot at stake if you want to immigrate one day.
    Answer Applies to: California
    Replied: 8/4/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    No they won't but your brothers application will not provide you with any benefits for at least ten years so you need to find another way to stay here.
    Answer Applies to: Florida
    Replied: 8/4/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    There is a long wait. You are not eligible to adjust in US because you don't have legal immigration status. You may consider some other options if you want to stay. You should hire an attorney to help you.
    Answer Applies to: Florida
    Replied: 8/4/2011
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