Skip to main content

Am I allowed to stay in the USA with an approved I 130

Boston, MA |

I am in the USA under an F1 visa, I got my MBA this year, and I am on OPT till April, My brother who is an American Citizen filled up the I130 for me and it is approved, am I allowed to stay in the USA knowing that my visa also will expire in November 2013.

+ Read More

Attorney answers 3

Posted

No an approved i130 does not allow you to stay in the country. You can only stay until November 2013 unless you obtain a visa through employment or another family member. Sibling sponsorship takes at least 10 years before a visa is available.

Asker

Posted

Thank you so much Karen, If I will get another I-20 can I go to my country before my visa expired and ask for a visa because there is a risk that an other F1 visa will be rejected because F1 is on file processing. Or with this I20 I will be able just to go and come back before my visa expired. Thank you for your thoughtful time and considerations Respectfully Najib

Karen-Lee Pollak

Karen-Lee Pollak

Posted

There is always a risk of rejection at the Consulate. You can leave as long as you return before your current visa expires. Consult an attorney to advise you of hte risks. You may be denied renetry if you return to close to the expiration of your current visa

Asker

Posted

Even if with an I20 before the visa expires.

Posted

In order to adjust status an alien must be eligible to receive an immigrant visa (a petition has been approved), they must not be inadmissible to the United States, they must have valid current non-immigrant status (their authorized stay hasn't expired), and there must be an immigrant visa number immediately available to them.

There won't be an immigrant visa number immediately available to you until the priority date on your I-130 is current. The wait is usually about 10 years depending on what country your from.

The requirement that the alien have valid non-immigrant status is waived for immediate relatives of US citizens; spouses, minor unmarried children, and parents. It's not waived for anyone else.
A pending or approved I-130 doesn't provide any sort of immigration status to an alien. It just makes them eligible to apply for a visa.

Asker

Posted

Thank you so much Sir, I am actually from Morocco and the petition is approved. If I will get another I-20 can I go to my country before my visa expired and ask for a visa because there is a risk that an other F1 visa will be rejected because F1 is on file processing. Or with this I20 I will be able just to go and come back before my visa expired. Thank you for your thoughtful time and considerations Respectfully Najib

Posted

I agree with my colleagues

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer