Can my parents file I130 petition for me when I am at F1 visa in US?

Asked over 1 year ago - Monmouth Junction, NJ

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?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    1

    Answered . 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... more
  2. Dean P Murray

    Contributor Level 18

    5

    Lawyers agree

    Answered . 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.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  3. Christian Schmidt

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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.

  4. Karen-Lee Pollak

    Contributor Level 19

    2

    Lawyers agree

    Answered . Filing an I 130 will likely cause a denial of your F1 renewal as you cannot have an immigrant intent

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