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Old 05-05-2016, 01:31 AM
 
2 posts, read 1,465 times
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Hello,

Thank you for taking a few moments and reading this, I have been looking all over to find a reasonable answer, and when I found this forum with like minded individuals who have similar questions, and ones who could possibly answer them, I thought I may gain some understanding with regards to what I could do.

Now for my question - I am 29, unmarried, and an International student from India in the US currently on the F1 visa; my parents have gotten their Green cards nearly two years ago; are they able to sponsor me without me having to leave the country and waiting in India for a reply from Immigration? Or am I able to continue studying here in the US while I wait for a change of status?

I have read this - https://www.uscis.gov/green-card/gre...anent-resident

And it doesn't state anywhere that I would have to put my education on hold and go back to my country, but I heard from a friend that due to applying for a change of status, I would have to leave the country and wait until it's my time to possibly return. Is this true?

I would be appreciative for any light shed on this matter.

Thank you once again.
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Old 05-05-2016, 06:26 AM
 
6,326 posts, read 6,590,988 times
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They cant sponsor you if they are just green card holders, they need to be citizens to sponsor relatives.
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Old 05-05-2016, 08:53 AM
 
24,541 posts, read 10,869,900 times
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OP falls into category F2 or F3.
https://travel.state.gov/content/vis...reference.html
Looking at historic processing times his parents are most likely to be US citizens before he makes the cut. They should be able to sponsor now and then adjust. Personally I would contact an immigration attorney instead of talking to friends.
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Old 05-05-2016, 01:38 PM
 
Location: TOVCCA
8,452 posts, read 15,043,863 times
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Quote:
Originally Posted by ashdn View Post
Now for my question - I am 29, unmarried, and an International student from India in the US currently on the F1 visa; my parents have gotten their Green cards nearly two years ago; are they able to sponsor me without me having to leave the country and waiting in India for a reply from Immigration? Or am I able to continue studying here in the US while I wait for a change of status?
LPR's (Green Card holders) CAN sponsor their children, as long as they meet income requirements for the entire family including you. They do NOT need to be full US citizens. The child does not have to leave the country, the visa status is adjusted. You would be seeking an F2b visa.

But do not get married or leave school or overstay the F1 by even a day! I have sent you a DM.
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Old 05-05-2016, 07:35 PM
 
27,214 posts, read 46,745,966 times
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Quote:
Originally Posted by nightlysparrow View Post
LPR's (Green Card holders) CAN sponsor their children, as long as they meet income requirements for the entire family including you. They do NOT need to be full US citizens. The child does not have to leave the country, the visa status is adjusted. You would be seeking an F2b visa.

But do not get married or leave school or overstay the F1 by even a day! I have sent you a DM.


I believe that the parents can only sponsor their child as long as the child lives in their home and is unmarried and has it's own visa and than it depends how old the son is if the son will be in the 1st or 2nd category. (aging out)
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Old 05-05-2016, 11:53 PM
 
2 posts, read 1,465 times
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Thank you everyone for your knowledge in the matter, I have made an appointment with an immigration lawyer tomorrow, and hope it all goes well.

I have read on the US governments website :
https://www.uscis.gov/family/family-...nent-residents

and

https://www.uscis.gov/green-card/gre...anent-resident

That it should be possible, I will confirm everything with the lawyer. Thank you all once again.
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Old 05-06-2016, 06:23 AM
 
24,541 posts, read 10,869,900 times
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Quote:
Originally Posted by bentlebee View Post
I believe that the parents can only sponsor their child as long as the child lives in their home and is unmarried and has it's own visa and than it depends how old the son is if the son will be in the 1st or 2nd category. (aging out)
F2/F3 - over 21, unmarried/married
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Old 05-07-2016, 05:06 PM
 
27,214 posts, read 46,745,966 times
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Quote:
Originally Posted by Threestep View Post
F2/F3 - over 21, unmarried/married
You are right but that is the category of waiting for years and years.... and I'm not sure if you can do AOS.
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Old 05-08-2016, 08:39 AM
 
24,541 posts, read 10,869,900 times
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Quote:
Originally Posted by bentlebee View Post
You are right but that is the category of waiting for years and years.... and I'm not sure if you can do AOS.
There is no "aging out". Age at filing counts. OP is already over 21. Sponsors can adjust from legal resident to citizen which may bring the time availability down. It all depends on the individual situation once OP's parents receive citizenship and his personal situation. He may be settled in AUS by then
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