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Does the Immigration App Will Affect Existing Student Visa Holder's Status?

San Francisco, CA |
Filed under: Immigration

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.

Attorney Answers 4


  1. Best answer

    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..)

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. 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
    website: www.immigrateme.com


  3. Not if you maintain it.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. Even if you file now, it will take years before the petition is adjudicated. Accordingly, it is unlikely to affect their son's F-1.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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