Announcement

Announcement Module
Collapse
No announcement yet.

Petition for Umarried daughter over 21 on F1 visa currently

Page Title Module
Move Remove Collapse
X
Conversation Detail Module
Collapse
  • Filter
  • Time
  • Show
Clear All
new posts

  • Petition for Umarried daughter over 21 on F1 visa currently

    hi

    i am a US citizen and will be petitioning for my daughter for her GC.
    She is over 21 , unmarried and is currently studying here on An F1 visa.

    2 ?s I have

    A) By petitioning for her GC, it wont affect her F1 status right ?

    B) Can she still go and visit india during this process ?

    Thanx

  • #2
    F1 status does not allow immigrant intent. She could/should be denied entry or visa renewal at the option of the officials. They will not go out looking to deport her while she is here.

    Comment


    • #3
      As long she stays in US, she will be OK, obviously the answer for going to India is No.

      Comment


      • #4
        She can surely go for a visit but she takes a risk of being denied a re-entry on F-1 status. Just keep that in mind.

        Originally posted by VIMAMMAN View Post
        Can she still go and visit india during this process ?
        Regards,
        S K Ghori
        skg@vex.net
        http://www.vex.net/~skg/

        **NOTE**
        I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

        **DISCLAIMER**
        I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

        Comment


        • #5
          Originally posted by VIMAMMAN View Post
          A) By petitioning for her GC, it wont affect her F1 status right ?

          B) Can she still go and visit india during this process ?
          A) It won't affect her F1 status while she remains in the US.
          B) She may be unable to return with the F1, if the officer at the port of entry realizes there is an I-130 filed for her.

          EB3 ROW I-485 Approved: July 2007
          USC: July 2013
          I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

          Comment


          • #6
            It is true that she may be denied entry back to the Us because of her F1 status...but is that danger now...or once her number comes up as based on her category it will take her 5-6 years for her visa numebr to come up.....does that mean she cant visit india till 5-6 years or only for the period between the time her number comes up and she get ehr GC..

            thanx

            Comment


            • #7
              F1 visa don't allow immigrant intent period. So if they want they can deny entry on F-1 on her very next visit after they see a I -130 filed for her.

              Comment


              • #8
                Things will get dodgy as soon as there is an I-130 in the system for her.

                Originally posted by VIMAMMAN View Post
                but is that danger now
                Regards,
                S K Ghori
                skg@vex.net
                http://www.vex.net/~skg/

                **NOTE**
                I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                **DISCLAIMER**
                I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                Comment


                • #9
                  If she gets an H1B visa after graduation, she'll be able to leave the US and reenter without the I-130 causing a problem, because H1B allows immigrant intent.

                  EB3 ROW I-485 Approved: July 2007
                  USC: July 2013
                  I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                  Comment

                  Working...
                  X