Petition for Umarried daughter over 21 on F1 visa currently

V

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
 
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.
 
VIMAMMAN said:
A) By petitioning for her GC, it wont affect her F1 status right ?

B) Can she still go and visit india during this process ?
Click to expand...

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.
 
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
 
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.
 
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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