Can an OPT student travel outside U.S. with a pending I-130 application?

The filing of an I-130 does not affect your travel outside the U.S.

If your brother is not a U.S. citizen, he would not be eligible to file an I-130 petition on your behalf as a sibling because there is no such category for green card holders. A pending I-130 petition may create challenges for travel on F-1 OPT. Consult an immigration attorney to evaluate your specific situation in a comprehensive consultation.

Yes, you can still travel.

Your brother must be a U.S. citizen. Otherwise, he would not have been able to file an I-130 petition for you. As long as you have a valid F-1 visa, your brother&#39s filing of I-130 should not create a problem for you traveling abroad. Bear in mind that the waiting time for sibling petition is 14 to 15 years now. So, this filing should not create an immigrant intent for you. Make sure that the job through OPT is still waiting for you upon your return, though. Upon your return if you get questioned at the border, tell the officer that you clearly intend to return once your OPT work is completed.

No, there is no impact on the I-130 petition by traveling or maintaining OPT/F-1 status. Sibling-based petitions can take 10 to 15 years before you would be eligible for filing for an immigrant visa.

It may impact your ability to re-enter on F-1 status.

Travelling outside of the U.S. and then seeking to re-enter as an F-1 student with OPT can be complicated, given the fact that your brother filed an I-130 petition on your behalf. I&#39m assuming if your brother received his lawful permanent residency or so-called "green card" through the EB-5 program, he&#39s already a U.S. citizen. If not, he could not file a petition for you. Even as a citizen, there would be a 14-year backlog. It would probably be best for you not to travel, but if you do, you&#39re likely to be questioned when you apply for re-admission by the immigration (CBP) inspector about the fact that your brother filed a petition for you. Your best answer is that while you have a long-term intent to immigrate, you have a short-term intent to finish your OPT. The long-term, in fact, could be 14 years or longer, given the backlog currently for brothers and sisters of U.S. citizens under the family-based fourth preference.

Because you have a pending I-130, you have an immigrant intent. Student visa and OPT is non-immigrant intent. Mindful that your visa availability is very long, about 15 years, if you leave you risk of cancellation of your F-1 and OPT status.

I assume your brother is now a U.S. citizen. Traveling on OPT is always challenging. First, you need proof you are employed and of course you need a valid and endorsed I-20. The filing of the I-130 alone should not bar either visa issuance or readmission, especially since the sibling waiting line is at least 15 years long.

International travel will have no impact on your brother&#39s I-130 petition (note, it is the brother&#39s petition, and not your application). You need to ensure you have a valid F-1 visa with which to return to the U.S. You also need to have a valid non-immigrant intent at entry.

If your brother is only a permanent resident, then he was not eligible to file an I-130 for you. More information will be needed to clarify, as only U.S. citizens are eligible to petition for their siblings. If this is the case, then you should speak with a qualified immigration lawyer to discuss whether your I-130 will signal immigrant intent to CBP upon traveling back in as a non-immigrant.

A green card holder cannot file an I-130 for a sibling. He/she must be a U.S. citizen. You need to consult with an experienced lawyer.

Traveling outside the U.S. will not have any impact on the I-130 your brother filed for you.