sponsoring a family member in F-1 visa

machelon

Registered Users (C)
My parents are both PR and they want to petititon for my sister's GC (she's over 21 and holding a F-1 visa).

She is planning to do a master's degree after finishing her bachelors in 3-4 years from now. So she will need another F-1 visa then. Will she be able to get it with the GC petition already in by that time???
 

machelon

Registered Users (C)
I just read other articles and it seems she will not be able to get another F-1 visa later on...but now for her current status....Will she be out of status once my parent applies with the I-130 form???
Can my sister go out of the US, say for christmass break, and come back on her F-1 if my parent already submitted form I-130 for her??
Will she have to quit school and go back and wait for GC??

please help
 
Last edited by a moderator:

GotPR?

Registered Users (C)
machelon said:
but now for her current status....Will she be out of status once my parent applies with the I-130 form???
No
Can my sister go out of the US, say for christmass break, and come back on her F-1 if my parent already submitted form I-130 for her??
There is a little bit of risk of entry denial if CBP officer came to know she applied for I-130. Chance is narrow, but possible to happen.
 

chills

Registered Users (C)
GotPR? said:
No

There is a little bit of risk of entry denial if CBP officer came to know she applied for I-130. Chance is narrow, but possible to happen.


Why? If she's not out of status, which means that she'd be in the only status that she has which is F-1, then why would that status cause a possible re entry problem for her if it's an existing status?



I've read those same articles that you've read. They say that you can't file for a non immigrant visa if you're planning on immigration here. I feel that her F-1 may be nullified once the intent to immigrate is stated.

Consult a lawyer, though. This is a situation that falls in between the stated laws. I'm thinking that only a person that's experienced this same situation can give the correct answer.
 
Last edited by a moderator:

GotPR?

Registered Users (C)
chills said:
Why? If she's not out of status, which means that she'd be in the only status that she has which is F-1, then why would that status cause a possible re entry problem for her if it's an existing status?
It's simply because F1 is not dual intent. We are not talking about status,but talking about entry.

I've read those same articles that you've read. They say that you can't file for a non immigrant visa if you're planning on immigration here. I feel that her F-1 may be nullified once the intent to immigrate is stated.
F1 is not nullified, but she might be rejected at POE. Having valid F1 visa or status won't guarantee the entry.
 

machelon

Registered Users (C)
so the best thing for her is not to leave the US at ALL??
at leats while she's on the F-1 visa
 

GotPR?

Registered Users (C)
machelon said:
so the best thing for her is not to leave the US at ALL??
at leats while she's on the F-1 visa
Not leaving is a safe option. This is not unique to your sister. A lot of spouse of LPR goes through it til their visa number gets available.
She can travel after she got I485 applied and got Advanced Parole.
 
Top