I'm a U.S. citizen, and is thinking to apply immigration for my brother and his family overseas. But his son currently is an F-1 visa holder, and is studying in the U.S. I don't know whether the immigration application I summit to USCIS will affect the renewal of his son's visa late on.
An immigrant petition filed for the parent of an F-1 student will have no effect on the student's continued eligibility for that status, nor for his ability to renew that status, for as long as the student continues to maintain valid student status, attends all classes, etc. (As they say, children cannot be held responsible for their parents' sins..)
Probably not but as with any non-immigrant visa the burden will be on the son to prove intent to return to his home country. The I-130 indicates an intent to immigrate but he can point out that his father selected consular processing for the immigrant case and it is many years away and he intends to live in his country when school is odne.
Lynne R. Feldman, Attorney at Law
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