bluedolphin, you are a bit mistaken. You are talking about adjustment of
status form I-485, which gives an applicant a new pending status.
Filing I-130 does not provide any new status or immigration benefits.
]http://uscis.gov/graphics/services/residency/family.htm#anchor15-
6900[/url]
The immediate relatives of U.S. citizens, which includes
parents, spouses and unmarried children under the age of 21, do not have
to wait for an immigrant visa number to become available once the visa
petition filed for them is approved by the USCIS. Therefore, I-485 can
be filed concurrently with I-130 for these people, which means that
these people can be in the country legally in their new pending status
and do not have to maintain their non-immigrant status, like F-1 or F-2.
The relatives in the remaining categories must wait for an immigrant
visa number to become available according to the following preferences:
Fourth Preference: Brothers and sisters of adult U.S. citizens.
Therefore, his brother would file his I-130, and then the Romanian
guy would have to wait until it is approved and maintain his non-
immigrant status in meanwhile, which will take several years. Then he
can file I-485, which will give him a new status - pending AOS.
And you
definitely cannot get in-state tuition with just I-130 filed, but with
I-485 you can. :)
--
Posted via http://britishexpats.com |