I got married in july2008 and came to US on H4 visa. I applied for change of status to F1 visa in jan2011 and divorced in dec2011. Now , can my parents file i130 for me in july2013. They will become Citizen in july 2013. Whether, I130 filling can create problem in renewal of student visa ?My F1 visa will expire in Dec 2013. Can they file i130 visa for me?
They can, but this will make it difficult for you to extend your F-1 status.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
They can petition you but the petition indicates that you intend to immigrate which will make difficult to extend your student status and obtain a visa if required.
Real Estate Attorney
I agree with my colleagues. The F-1 is not technically a dual-intent visa even though DOS knows that many Fs would hop on a temporary work visa at the completion of their studies and ultimately adjust status in the U.S.
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