Frequently Asked Questions - F-1 Visa
- Applying for Green Card while on Student (F-1) Visa
- The New Restriction on 12 Months of CPT OPT Combined – – Consequences of H-1B Denial on OPT
- Starting Business While on Student Visa
- Jobs that Qualify for an H-1B Visa
- Change of Status to Student F-1 While Green Card is in Process
- Can a Green Card be Started on F-1 Status?
- Changing from H-1 to F-1 and back to H-1
- F-1 Student Directly Filing for a Green Card
- STEM OPT Extension for Consulting or Staffing companies
- Changing Back to F-1 Student Status After Filing for Green Card
- Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
- Withdrawing one pending petition (H-4) when another is (F-1) approved
- J-2 or J-1 with 212(e) HRR converting to F-1 student
- H-4 EAD Expediting Possible?
- Sister's Green Card
- Immigration Impact of Crimes, Misdemeanor Conviction and Petty Offense Exception
- Can I Travel Back On F-1 Visa If My Reinstatement Is Denied?
- How to Enter The USA to Start A Business And Then Continue
- Reentry for F-1 Nonimmigrants Traveling Outside the United States
- F-1 OPT Requirements
- SEVIS Terminated
- Form I-20 and Work Authorization
- F-1 or F-2 Extension—Leaving Country Prior to Visa Expiration
- Two-year home residency requirement
- F-1 Curricular Practical Training (CPT)
- Out of F-1 visa status
- RN F-1 visa
- I130/485 for wife
- MAVNI to F-1
- Travel overseas on F-1
There is nothing in law that stops an F-1 student from directly filing for a green card. But, exhibiting immigrant intent while on an F-1 visa can raise some issues that should be discussed and planned for with your lawyers.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Siblings Green Card is like planting mango trees, in India we used to have saying that mango trees takes so long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card.
In my view, it is unsafe to travel on an existing visa after being out of status. If they become aware of your status problems, CBP, upon returning, can turn you back at the airport, or worse, even formally deny you admission thereby laying a five-year bar against reentry.
There are several issues that should be examined before you can make an informed decision.
1. B visa or ESTA does not allow you to “work:”
This section of the FAQ applies to continuing F-1 students who travel outside the United States for five months or less.
1. Once you receive a recommendation for post-completion OPT from your Designated School Official (DSO) to pursue OPT, you must apply for an employment authorization document (EAD) with USCIS within 30 days. Additionally, you may file up to 90 days prior to your program end-date and not later than 60 days after your program end date.
Generally speaking, you will need to demonstrate that the termination was erroneous. Ask your DSO for a letter explaining that. In addition, you can add your own statement/affidavit explaining the circumstances. Your
A student should have no negative impact on off-campus employment if s/he has the USCIS-issued Employment Authorization Document and a Form I-20.
You will need a new visa only if you return after August 2013. Check with your DSO to make sure you have all the appropriate requirements completed.
Yes. F visa is NOT forbidden. But you will not be able to get an H-1, L-1 or green card unless you address the HRR through compliance or waiver.
You have two choices that I can see: apply for reinstatement or go outside USA and reapply for a visa.
You can just apply for your green card. Do not travel outside USA until you get your green card (or travel only as advised by your lawyers).
You will have several years of wait in the green card process.
I do not see any problem if the 130/485 is filed during the 60 days following the F-1. In any case, she can and should apply for OPT.
You need to get back with your International Students Office and see what they recommend.
I do not know the details of your case or your SEVIS status. If your International Students Advisor is experienced in immigration law (most of them are), you should take their advice but ask them to tell you the reason.