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  • F-1 Visa

    I applied for status change in U.S.
    I can legally stay here now but if I go back to my country I will have to apply for F-1 Visa.

    I applied for the green card many years ago
    and it was filed and I am just waiting for the interview.

    I have a question.
    Does F-1 Visa application form ask you "Have you applied for the green card?"
    Because I heard that if you have any immigration intension, you can not have your F-1 visa.

    I am worried if I can not come back once I leave U.S. this time.

    Somebody give me an advice, please.

    Thanks

  • #2
    I applied for status change in U.S.
    I can legally stay here now but if I go back to my country I will have to apply for F-1 Visa.

    I applied for the green card many years ago
    and it was filed and I am just waiting for the interview.

    I have a question.
    Does F-1 Visa application form ask you "Have you applied for the green card?"
    Because I heard that if you have any immigration intension, you can not have your F-1 visa.

    I am worried if I can not come back once I leave U.S. this time.

    Somebody give me an advice, please.

    Thanks

    Comment


    • #3
      I beleive the I-539 or change of status appl. asks if you filed for any other benefit.

      But regardless, you are applying for F status ( which is temporary, non-immigrant status) while your perm res appl. is pending.

      How would you explain your desire to obtain temp. non-immigrant visa, while you have expressed your intention to remain in us permanently?
      There is an obvious conflict, of course.
      And one which makes you look like commiting a fraud. Which can make you permanently inadmissible.

      Now, if you could , instead, file for change to H-1b status, which is dual intention visa, you would be alright.

      But , anyway, what visa you hold currently?
      When did you enter the country and when did you file for GC?
      Why would you want to apply for F status, while you say you can stay here and wait, while your GC appl. is pending? Are you grandfathered by 245 (i)?
      What is pending? I-140, 130 etc. OR I-485?
      Is it for the sake of travel abroad?
      If so, you should apply for Advance Travel.


      There are many questions you would have to answer and clarify here, as I know there are various case precedents that one could look up to to give you a better advise ( most people here won't do it. They will generalize, and either give you a poor, useless advise, or else will attack you on this board for their own purposes).



      I am not an attorney, nor do I suggest anyone to follow my advises, but if you gave answers to above questions and described your case in more details, I would in turn try to better answer your questions.


      Good luck.

      Comment


      • #4
        Thank you very much, ImmortaIE.

        Let me write you more about my situation then maybe you could give me some more advice, I hope.

        My wife's father applied GC for her.
        We got married and we were put in different category.
        We came to U.S. with my H-1B and I left the company a couple of months ago.
        I applied for the status change from H-1B to F-1.
        Since I never left this country after I applied for the status change, I can legally stay here.

        I have no idea why but they still have not sent me the "permission" for my stay here yet.
        It's been more than 45 days actually.

        My attorney said, "Be patient, they process sometimes slow. But it should be OK."

        My GC pending is I-130, and I have the case number.
        I would like to know if we could get advance parole or not as you mentioned.

        I need to go back to my country to see my sick parent this summer.
        I understand I will have to apply for F-1 visa
        at U.S. embassy in my country in order to come back to U.S.

        I am afraid if I will have to tell them or fill out the application form that my father-in-law
        applied for my wife's GC when I either submit the form or have an interview with them.

        It would be really really great if you have any other suggestion or options.

        Thank you very much for your advice again.

        Comment


        • #5
          Your wife's father applied for her GC.
          You mean her application is still pending?
          So, who exactly petitioned for your I-130
          (relatinship to you, status USC or Perm.Res)?


          From what you wrote so far, I can conclude that you have two pending petitions:
          Immigrant relative (I-130) and non-immigrant F-1.
          Those two indeed contradict in intention.

          There is not much anyone can suggest you.
          Except that having I-130 pending and applying for F-1 at the same time would render you inadmissible to US for failure to prove your intention to travel to us for temporary purpose of studying.

          As far as advance parole goes, I know you can apply and receive it under certain circumstances (provided you are eligible for the requested benefit), but even advance parole does not guarantee your admission back to US upon your return. Regardless of your eligibility.

          Comment


          • #6
            What about if you came in B1/b2 then change to F1 while 1=130 is pending. Wife becomes USC in May2006. Do you think i will have an issue getting my GC?

            Comment


            • #7
              B1/B2 is still a nonimmigrant visa, and doesn't allow dual intent. You'd have the same problem you'd have with the F-1. Also, from what I've heard (but am not sure) it's very difficult to change from B1/B2 to F-1 in the U.S. these days.

              Comment

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