If I file a family petition will this void her visa?
Any ideas how to proceed? Thanks
It won't void her visa, but it might cause her problems in applying for future F-1 or B-1/B-2 visitor passport stamps or in for future entries to the U.S. in F-1 or B-1/B-2 status.
F-1s and B-1/B-2s, among other visas, require nonimmigrant intent - the intent to remain temporarily and then return home. Consular officers and officers at ports of entry make judgments about people's intent when they enter - they might not believe she intends to return home at the end of her time as a student if an I-130 has been filed for her.
Also be aware of how long it is likely to take for visa numbers to become available in the adult-child-of-permanent -resident category (Family 2B, which requires that she remain unmarried). This may well take longer than she has left in school. Even if you are in a position to apply for naturalization soon, making her the adult child of a citizen (Family 1), it will still be a long wait.
Go over the best options for her with an immigration lawyer before doing anything.
In order to maintain student status, the foreign national must have a non-immigrant intent and maintain an unrelinquished domicile abroad. Filing of an immigrant petition provides USCIS and ICE of evidence contrary to those to requirements. Although unlikely, it is possible that either of those entities could investigate and determine your daughter has violated the terms of her student visa.
A better approach might be to wait to until after you've become a citizen. Then you can file the I-130 with the I-485 and adjust her status almost immediately.
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