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f1 visa to change to permanent resident
- Thread starter tere715
- Start date
pianoplayer
Registered Users (C)
tere715 said:hello! i am an f1 status. and i wanted to change my status to permanent after a year or so.. is this possible? my sister is a us citizen and she wants to petition me to be a citizen too is this possible too? even if im over 21?
Your sister may petition for you by filing I130. Note however, that the waiting time for that is horrendous ---- since brothers/sisters of USC are one of the lowest categories, there is a long backlog to get a visa number assigned(there are only so many visa numbers given per year in that category) --- I dont remember the exact "backlog", but I believe about 13 years. She should file ASAP. You won't even get in line before she files.
Until your visa number becomes "current" or available to you, you just have to wait. Note that filing the I130 does not give you any privileges to stay in the US ---- i.e. if you want to wait here for the 10yrs or whatever, you will need to maintain status on your own, through another visa. Or you can go and live abroad and wait out the 13 yrs.
Filing the I130 may be useful to you in the future as a backup option, but if you want to remain in the US, and you can qualify by other means, such as employment-based immigration, you may accomplish it faster that way.
Regardless of what you do, you should probably have her file the I130 so that you get "in line" ---- you will have to manage your affairs for the next 13 years yourself though.
Best of luck
pianoplayer said:Filing the I130 may be useful to you in the future as a backup option, but if you want to remain in the US, and you can qualify by other means, such as employment-based immigration, you may accomplish it faster that way.
Pianoplayer...I know I asked this kind of question before...but just to make sure..let me ask again. If someone submits an I-130 for a relative that is on F-1 visa...during the waiting period (10+yrs or so). Can that student extend his/her F-1...say for a master's degree?. I know that he/she can get an H-1...since that visa allows dual intent, but will the USCIS allow an extention for a master's/PHD degree?...knowing that an I-130 was filed already for that person?
pianoplayer
Registered Users (C)
machelon said:Pianoplayer...I know I asked this kind of question before...but just to make sure..let me ask again. If someone submits an I-130 for a relative that is on F-1 visa...during the waiting period (10+yrs or so). Can that student extend his/her F-1...say for a master's degree?. I know that he/she can get an H-1...since that visa allows dual intent, but will the USCIS allow an extention for a master's/PHD degree?...knowing that an I-130 was filed already for that person?
When someone submits an I130 on your behalf, you have not submitted an application yet. Therefore, in a strict sense, you have not demonstrated intent yourself. There have been a lot of cases where this was no problem at all ---- and really it shouldn't be in the technical sense in cases like these, where it may be perfectly valid for this person(in the course of 10 years) to pursue some legitimate non-immigrant interest in the US.
However, I would lie to you if I say that people have not run into problems with this with the Department of State. The reason for this is that the issuance of visas by DOS is discretionary, in the sense that the visa officer has to decide whether the applicant has demonstrated that they DO NOT intend to immigrate. This is not to say that the officer has complete discretion, but they start from the legal presumption that every applicant is an intending immigrant. The applicant has to disprove that ---- it's what's known in legal jargon as a "rebuttable presumption".
To say that all consular posts are equally strict would be incorrect also. Some are more so than others and if the issue of an I130 comes up in an interview, it is not always sure how the officer will respond to it. The biggest problem also, is that there really is very little room for appeal in the consular process ---- even though there is an appeals process in place, it only provides for review as a matter of law(i.e. if the officer did not apply the law correctly) not for matters of fact. Determining whether an applicant rebuts the presumption successfully, is usually a matter of fact determination. Hence, the visa officer(and perhaps his/her supervisor) has the final word.
My final answer to you is maybe not as clear-cut as you would like, but it's the best I can offer IMO ---- it depends on the circumstances. I would certainly advise a person that applies with an I130 petition involved, to provide plenty of proof of ties to their country, e.g. assets, employment, reference letters etc. etc. And that's the best you can do. It will also involve which consulate, the age of the person etc. etc. Note, these are not necessarily "legal" factors that come into play ---- rather factors that influence a human decision.
For the OP there would be no problem if he stays legitimately in the US and extends his F status. USCIS does not care about an I130 petition, as long as the current status is valid and the visa does not need to be extended as long as he maintains status. The problem MAY arise if he leaves the country,wanting to travel and wants to obtain a visa at the consular post evidencing his extension, or if he overcomes this hurdle; at the point of entry where CBP may be suspicious.