Legal Question in Immigration Law in Maryland

F-1 student visa

I have F-1 student visa, at the same time, my mom try to file i-130 for me, since she had green card. If I plan to drop out school, so I will lose my F-1, but can I still stay at US to wait for my green card? Is that legal to stay at US to wait for green card


Asked on 1/04/08, 12:59 pm

1 Answer from Attorneys

Thomas Brown Law Office of Thomas K. Brown, LLC

Re: F-1 student visa

You should have been issued an I-94 that was stapled into your passport when you arrived in the US on your F-1. It was likely marked "DS" or "Duration of Status," meaning you are permitted to remain in the US as long as you maintain your status as a student. If you leave school, your F-1 will no longer be valid and you will be expected to depart the US. Simply filing an I-130 does not give you any immigration status. The wait time just to process the application can take quite a while, and then waiting for a visa to become current can take years. You will either have to maintain your F-1 status by staying in school or find some other status to bridge the gap between filing the I-130 and when a visa becomes current to avoid leaving the US.

One thing to point out -- if you do leave school and return to your home country, you will likely find it very difficult even to visit the US as tourist during this time due to the I-130 being on file and demonstrating immigrant intent. Of course, if and when the I-130 is approved and an immigrant visa becomes current, you can then enter the US as an immigrant, but before then, it will be difficult to return to the US.

Read more
Answered on 1/04/08, 1:20 pm


Related Questions & Answers

More Immigration Law questions and answers in Maryland