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F1 visa married with green card holder and we got a baby, i can not go to school

Portland, OR |

i applied for green card form i 1-30 in 30/10/10 and waiting for the visa availability ,
does my son (us citizen) make any change in my status?
please i need help i can not go to school

Attorney Answers 3


Yes, your baby, the U.S. citizen makes changes to your status. You were a wife, now you are a mother. That is it. Nothing changes. Simply because you had a baby you dont gain status. As long as you continue to study on a full time basis, you retain your student status. A US citizen child can petition for you once he is 21.

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Your son would need to be 21 years old in order to petition you.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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3 lawyers agree


No, merely having a US Citizen child does not make any difference in your status ... until he/she turns 21, then he/she can sponsor you.

Encourage your GreenCard holding spouse to become a US Citizen as soon as possible.

Legal disclaimer: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship. Contact the American Immigration Lawyers Association for a referral to an experienced immigration attorney.

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