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Immigration: F 4
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naveed999
6/16/2013 11:36:20 PM
Total Posts: 3
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Hi, I'm currently studying in US as a graduate student under F1 visa. My visa got expired on May 2012, but I have received new I-20 from my university, thus maintaining my student status. My uncle applied for immigration visa for my father, and I'm derivative beneficiary of the case. Although, I'm 26 now, with Child protection act my adjusted age is below 21, and as I talked with NVC over phone, they said I would be able to immigrate with my parents if every thing goes well. Our PD is July 2001; and looks like we can face the visa interview within next 4 months. Now, I have grad-assistant-ship here in my university, which means when I go to my country to face the interview I need to take vacation from my university, (which can't be greater than 1 month). Only if, when I go to my country, and we get the immigrant visa right away, I will be fine. In all the other cases, for example delay due to administrative processing; or denial of the immigrant visa, particularly I will be in trouble. To be on safe side, should I just apply for a new F1 visa right away after I get to my country? And is it doable? (I did get My F1 visa, after our F4 petition was approved, AOS was submitted, and we were working on DS 230 form) I would appreciate your response, and suggestion regarding what I should consider doing. Thanks, Naveed
naveed999
6/16/2013 11:50:30 PM
Total Posts: 3
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Can I file I-485, after my PD becomes current? Generally will this take much longer to get the green card than going to my country and facing the interview (but off course with the difficulties that come, which I have mentioned in the first email)? And, during the time when my I-485 is pending, if I get married, does my I-485 gets rejected? (The issue of my marriage comes because for example, if I get married now, I won't be considered as secondary derivative under F4 category with my father). Sorry for the long list of info. But it is important to list them to show my whole picture. Thanks, Naveed
Amazon
6/17/2013 2:56:48 AM
Total Posts: 591
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[quote=naveed999;97]To be on safe side, should I just apply for a new F1 visa right away after I get to my country? And is it doable? (I did get My F1 visa, after our F4 petition was approved, AOS was submitted, and we were working on DS 230 form)[/quote] [quote=naveed999;99]Can I file I-485, after my PD becomes current? Generally will this take much longer to get the green card than going to my country and facing the interview (but off course with the difficulties that come, which I have mentioned in the first email)? And, during the time when my I-485 is pending, if I get married, does my I-485 gets rejected? (The issue of my marriage comes because for example, if I get married now, I won't be considered as secondary derivative under F4 category with my father). [/quote] I would recommend talking to lawyer about this. CSPA laws are complex and are changing. Remember F1 visa is not a dual intent visa. So F1 applicants should not have intent of immigrating to US. Please see this article: http://www.pcurtislaw.com/doctrine-dual-intent
naveed999
6/17/2013 2:28:07 PM
Total Posts: 3
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Dear Amazon, Thanks for your reply. I forgot to mention one thing, when I faced my visa interview for F1 visa, the consular asked me about my uncle (who submitted my father's immigration petition). In my F1 visa, under the title 'Annotation' there is written 'Dual intent established'. Thanks, Naveed
Amazon
6/18/2013 5:48:23 AM
Total Posts: 591
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Its a tricky scenario on how USCIS/POE officer interprets the annotation and actual law about F1 visa not been dual intent (some may be fine, some may not be). Hence a good lawyer would be able to help you with this.


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