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Petition for Umarried daughter over 21 on F1 visa currently

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by VIMAMMAN, Dec 20, 2010.

  1. VIMAMMAN

    VIMAMMAN New Member

    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. Concerned4us

    Concerned4us Banned

    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.
  3. namecheckvictim

    namecheckvictim Registered Users (C)

    As long she stays in US, she will be OK, obviously the answer for going to India is No.
  4. Triple Citizen

    Triple Citizen Registered Users (C)

    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.

  5. Jackolantern

    Jackolantern Registered Users (C)

    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.
  6. VIMAMMAN

    VIMAMMAN New Member

    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
  7. namecheckvictim

    namecheckvictim Registered Users (C)

    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.
  8. Triple Citizen

    Triple Citizen Registered Users (C)

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

  9. Jackolantern

    Jackolantern Registered Users (C)

    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.

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