My parents are both PR and they want to petititon for my sisters GC (shes over 21 and holding a F-1 visa).
She is planning to do a masters 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???
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
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.
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 shes not out of status, which means that shed 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 its an existing status?
Ive read those same articles that youve read. They say that you cant file for a non immigrant visa if youre 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. Im thinking that only a person thats experienced this same situation can give the correct answer.
sponsoring a family member in F-1 visa