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OPT for student with I-130 pending

Boston, MA |


I am a F1 student in 2nd year of graduation. Can I get my OPT granted, if my I-130 application is pending pending? What measures can I take?

Thank you.

Do you mean that I cant get my OPT granted?

Attorney Answers 3


Theoretically yes, but you might have a serious hurdle to overcome that of the immigrant intent.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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I would definitely consider hiring a professional immigration counsel as such manipulations may trigger immigration intent complications with subsequent bars for adjustment for perjury.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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It is very important that you seek a consultation with an immigration lawyer who can learn everything about what has happened so far in your case and give you a sense of your strategy in seeking OPT in a situation where there may be an issue with your nonimmigrant intent preserved for your F-1 visa, especially if your I-130 is for an immediate relative category. You really should seek a consultation to discuss all of this with an immigration lawyer who can map out a strategy or let you know, in person, all of the law in this area. Hope this is helpful to you.

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