Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Hi,
I would really appreciate it if anyone could answer my question.
So here is my situation: I first came to US with my family with H visa. While my family still had their H visa, I got my F-1 visa to attend a college in US. I did not have time to go back to my home country to obtain F-1, so I ended up changing my visa status to F-1 in US. After graduation, I worked about 2 years using STEM OPT and then went to the graduate school. While I was in the grad school, my family received green card (my father's company sponsored for my family). However, I was not included in the application because I was no longer a minor. So now, everyone in my family except me has green card and my parents recently filed I-130 for me in hopes that I could also get a green card. Now, I am transitioning from Master to Ph.D program and again, I had to "update" my visa status while I was in US because of my work. My question is, if I were to go back to my home country while my I-130 is still pending, what is the likelihood that I would obtain "proper" F-1 visa for my doctorate program and safely enter US? I know it's all case-by-case but I've heard things about people's visa getting rejected when their direct family members are either US citizens or permanent residents. Is this true?
Since an F1 visa is a non-immigrant visa that does not allow dual intent, there is definitely a good chance that your F1 application is rejected given the fact your I-130 is pending. A pending I-130 is a pretty good giveaway that you have dual intent and wish to remain in the United States permanently.
I imagine your I-130 petition was filed under the F2B category? What's your priority date and country of chargeability? How much time is left on your current F1 visa? Depending on how much time you have left there may be other options available for you.
Yes, my I-130 was filed under the F2B category. I don't have my documents with my right now but I think I still have about 6 years left for my I-130 and I'm from South Korea. I just started my Ph.D so I have 4 years left for my F-1, which I can always extend if I need to.
I knew my chance of getting F-1 visa approved would be low, since I have I-130 pending and my immediate family is staying permanently in the US. The thing is I want to do some international field work for my ph.d research. If I do that, then I need to go back to my home country and apply for F-1 in order to enter US, but if my visa gets rejected then I cannot continue my study. I guess my safest bet would be just staying in the US until I get green card. But you mentioned other options.. what are these options?
Yes, my I-130 was filed under the F2B category. I don't have my documents with my right now but I think I still have about 6 years left for my I-130 and I'm from South Korea. I just started my Ph.D so I have 4 years left for my F-1, which I can always extend if I need to.
I knew my chance of getting F-1 visa approved would be low, since I have I-130 pending and my immediate family is staying permanently in the US. The thing is I want to do some international field work for my ph.d research. If I do that, then I need to go back to my home country and apply for F-1 in order to enter US, but if my visa gets rejected then I cannot continue my study. I guess my safest bet would be just staying in the US until I get green card. But you mentioned other options.. what are these options?
Thank you,
Well, considering you have four years left on your F-1, you have plenty of time to find an employer willing to petition an H-1B visa on your behalf. Since that is a dual intent visa, you would have no issues traveling internationally. But that won't really help with your wish to leave the country to do international field work.
You're in a tough situation, I've always found it stupid how USCIS allows you to extend your stay in the US from within the United States but without also giving you a permit that allows you to re-enter. So you can stay but not re-enter, makes no sense.
Unless you are able to get a dual intent visa, I would say leaving the country is indeed risky in your particular situation, but obviously an immigration attorney would know better.
Hi,
I would really appreciate it if anyone could answer my question.
So here is my situation: I first came to US with my family with H visa. While my family still had their H visa, I got my F-1 visa to attend a college in US. I did not have time to go back to my home country to obtain F-1, so I ended up changing my visa status to F-1 in US. After graduation, I worked about 2 years using STEM OPT and then went to the graduate school. While I was in the grad school, my family received green card (my father's company sponsored for my family). However, I was not included in the application because I was no longer a minor. So now, everyone in my family except me has green card and my parents recently filed I-130 for me in hopes that I could also get a green card. Now, I am transitioning from Master to Ph.D program and again, I had to "update" my visa status while I was in US because of my work. My question is, if I were to go back to my home country while my I-130 is still pending, what is the likelihood that I would obtain "proper" F-1 visa for my doctorate program and safely enter US? I know it's all case-by-case but I've heard things about people's visa getting rejected when their direct family members are either US citizens or permanent residents. Is this true?
Thanks a lot,
50-50. It depends on your country of origin, school of attendance, use of visas in the past, how you intend to pay for your studies, and what your PhD will be in.
On one hand, you can not violate your status as a student or the F2B visa becomes useless for AOS and immigration purposes. So it's safe to allow you to re-enter since there's no chance of you getting a green card through your family if you violate the terms of your visa.
But the other factors may outweigh that, and frequently do.
You don't have much to lose by leaving and reapplying for a new visa. You already have a masters and 2 years experience. They wouldn't give you the additional OPT extension unless you were in a STEM field. So I'm guessing you are employable in your country of origin as well as the US. Even if your PhD is denied, you can continue pursuing your goals outside the US while you wait for a visa number.
I am in almost exactly the same boat! I am very frustrated about the situation as I haven't been able to leave the country in over 5 years because I am afraid of being denied an F1 renewal due to my pending I130, who was filed by my father. Can you tell me what happened in your case? Did you actually attempt to renew your VISA, and if so, how did it go?
How did this work out for either of you? In the same situation and would love some guidance!
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
