Legal Question in Immigration Law in Wisconsin

I-130 and travel

I am on F1 visa, my husband is a green card holder. I am graduating this May. We are planning to file an I-130, but I have seen that the cut off date for 2A category is June 2003. Does it mean that if I leave the U.S. (to see my parents in my home country) I will not be able to return for 5 years?

Asked on 4/30/08, 12:07 pm

2 Answers from Attorneys

Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: I-130 and travel

You do have to wait until the visa numbers are current for you to come to the US based on the marriage. However, the first question I have for you is whether your husband is eligible for citizenship (that could make all the difference in the world). If not now, maybe in the near future he is eligible. If it is going to be a bit you may have the option of extending your F-1 or changing status to an H-1B. Have you already used your OPT or CPT?

There are several questions I would have for you to advise you on strategy. Give me a buzz and in 5-10 minutes we'll figure something out one way or another.

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Answered on 4/30/08, 3:39 pm

Re: I-130 and travel

Before anything else, thanks for writing me at

No, you can return. 5 years penalty is only for Immigration Law violations. If you get a F1 visa you are legal and you can qualify for a I130 under normal process.

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Any doubt or another question, let me know it please.

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Answered on 5/04/08, 4:19 am

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