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

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. 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.


  2. 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.


  3. 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 should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


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

Form I-130 (alien relative) topics

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