QUESTION
Should a non-immigrant status holder adjust his status to F1? Or should he just wait for a relative to petition for him?
Asked on Mar 06th, 2013 on Immigration - Colorado
More details to this question:
Should a 40 year old divorcee who came into the United States with his daughter in a non-immigrant status, consider adjusting his status to F-1 in order to pursue an educational degree or simply wait for his LPR mother who has filed for naturalization/citizenship file for him instead?
3 ANSWERS
It is going to take about 6-8 years for a son/daughter over the age of 21 of a US citizen to be eligible for an immigrant visa, given the current processing times. If already in the US, the beneficiary has to remain in valid status to be able to get the green card when the priority date becomes current.
Answered on Mar 14th, 2013 at 3:35 PM
Rebecca T White
It is important to maintain non-immigrant status. You also need to review the Department of State Visa Bulletin to better understand visa priority dates and wait times.
Answered on Mar 08th, 2013 at 5:31 AM
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If your previous non-immigrant status has expired, you are out of status and cannot change to another non-immigrant status, like F-1.
Answered on Mar 07th, 2013 at 8:14 PM