The F1 visa student got their degree and returned to their home country (Of course, without appying for OPT). Can it be taken to be a violation of their non-immigrant intent?
It should not be a problem. Infact, it appears that this person DID obey the non-immigrant intent requirements by leaving the US at the completion of studies and waiting in the homeland until the F2B is ready to be issued.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
As a matter of full disclosure, I do not work for USCIS. Most of us participating on AVVO do not. If fact, I think no one that I know of does. Your question should be addressed to USCIS.
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.
If you have left the country on time and no violations of Status, you will get your Visa and if I-130 was in process when you got student visa, I hope you disclosed it
This answer does not constitute Attorney-client relationship.
Your answer is not clear. The only somewhat clear part is whether failure to apply for OPT will adversely impact your eligibility for a green card because you left the country after graduation. The answer is "no."
The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.
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