F-1 required if permanent residency filed?

soda

Registered Users (C)
I'm on an H-4 visa and I beleive that it will expire once I turn 21. But my dad already got his permanent labor certification approved. So if he files for my I-140 and I-485 concurrently, after I turn 21, would I still need to get an F-1 visa to go to college? Wont I be considered as a permanent resident?
Thanks
Soda
 
Why do you need an F-1 if your father application for the permanent residence has included you?
 
You should definitely contact an attorney. However, as far as I know, your father has to include you in the I-485 petition prior to you turning 21 years of age (prior to "aging-out"). I believe there is a way to expodite the process due to "aging-out" as well. You must maintain legal status until you file I-485 (there is some 180 day rule but I'm not too familiar with it). Once your I-485 is filed, you will not need any other visa to attend school. Good luck!
 
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