QUESTION
If I am on F1 visa, can I apply for a green card while in the USA?
Asked on Feb 21st, 2014 on Immigration - Texas
More details to this question:
Hello. I am an unmarried daughter of US citizens. Currently working in the USA on F1 student visa on extended OPT period. My priority date may become current in early 2015. Can I file for I-485 to get my green card now? If not, how soon I can start the procedure of applying for my green card even before my priority date becomes current? Thank you.
6 ANSWERS
Adebola O. Asekun
Because you are now physically present in United States, you can file for green card, but then only when your I-130 priority date becomes current. You CANNOT start processing your I-485 green card application until when your priority date is reached. Finally, you should not work or violate any of the terms of your F-1 student visa. If DHS determines that you violated your F-1 status, it will deny your I-485 green card application when it is eventually filed.
Answered on Feb 25th, 2014 at 4:57 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You must remain in valid immigration status, F-1 or otherwise, to be eligible for adjustment of status. Unfortunately, you cannot file the I-485 application until your priority date becomes current.
Answered on Feb 21st, 2014 at 3:00 PM
Immigration Law Attorney serving Glendale, CA
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Law Office of Josue S. Villanueva
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No. Your priority date must be current. Otherwise, you will be applying for something that does not exist and you application will just be returned.
Answered on Feb 21st, 2014 at 3:00 PM
You will receive notification when your priority date will become current. All will be spelled out in that letter. Until your priory date becomes current and you are good to go, you may not file I-485. it's also important to know if your parent received approval on the original petition
Answered on Feb 21st, 2014 at 2:59 PM
You have to wait until your priority date is current.
Answered on Feb 21st, 2014 at 2:55 PM
Bruce A. Coane
Generally, a person cannot file for adjustment to green card until their visa number is current.
Answered on Feb 21st, 2014 at 2:54 PM