Legal Question in Immigration Law in California

F-1 student visa question

I have F-1 visa with D/S on I-94. My father has LPR and filed I130 for me. Is it true that I need to return to my homecountry for consular processing or can I stay here to get the visa?


Asked on 5/26/09, 8:57 pm

2 Answers from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: F-1 student visa question

You need to be in legal status the whole time while in the U.S. or have been petitioned for prior to 4/30/01. After having the F-1, you could file for an H-1 (with a job offer in your field) which is good for six years. Since your father has already filed for you, you'll likely be able to adjust status in the U.S. once your priority date becomes current.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 5/27/09, 2:38 am
Rebecca White Law Office of Rebecca White

Re: F-1 student visa question

You will need to review the visa priority dates - look at the Department of State Visa Bulletin. Depending upon when your father filed an I-130 for you, a visa may not be available to you for many years. If that is the case, you will need to maintain student status and/or apply for an h-1b or other nonimmigrant visa until the visa is available for you.

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Answered on 5/27/09, 1:24 pm


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