Tziushca

Hello all, My father is a US permanent resident and I plan to apply for a green
card. I am presently in US on a F-1 visa which will expire next year. Am I allowed
to stay in US and work if I will have this pending application with INS, after my
F-1 status will expire?? The quota for my category is about 6 years I think, I am
over 21. Thanks!

Kristen M. Jarv

One needs some status to stay and work in the U.S. pending the result a preference
petition and the visa number becoming available.

This is not to be construed to be legal advice for an individual case.

"tziushca" <[email protected]> wrote in message
news:<[email protected]>...
    > Hello all, My father is a US permanent resident and I plan to apply for a green
    > card. I am presently in US on a F-1 visa which will expire next year. Am I allowed
    > to stay in US and work if I will have this pending application with INS, after my
    > F-1 status will expire?? The quota for my category is about 6 years I think, I am
    > over 21. Thanks!

Shelley

Your father can file an I-130 petition for you, but your wait will be closer to 10
years as you are over 21 (2B family preference), and only as long as you are
unmarried. You will have to wait until this petition is approved before you can
apply for a Green Card. Unless you maintain your F-1 status, or find an employer who
will hire you and get an employment visa for you, you cannot remain in the US. You
cannot get employment authorization with only an I-130 pending. Also you may not be
able to travel to the US once you leave because you will have an I-130 pending. Take
Care. Shelley

"tziushca" <[email protected]> wrote in message
news:[email protected]...
    > Hello all, My father is a US permanent resident and I plan to apply for a
    > green card.
I
    > am presently in US on a F-1 visa which will expire next year. Am I allowed to stay
    > in US and work if I will have this pending application with INS, after my F-1
    > status will expire?? The quota for my category is about 6
years
    > I think, I am over 21. Thanks!

Robert West

No, you will have to obtain another status to stay and wait for the visa.

Robert West www.usentryvisas.com

"tziushca" <[email protected]> wrote in message
news:[email protected]...
    > Hello all, My father is a US permanent resident and I plan to apply for a
    > green card.
I
    > am presently in US on a F-1 visa which will expire next year. Am I allowed to stay
    > in US and work if I will have this pending application with INS, after my F-1
    > status will expire?? The quota for my category is about 6
years
    > I think, I am over 21. Thanks!

James Donovan

"tziushca" <[email protected]> wrote in message
news:<[email protected]>...
    > Hello all, My father is a US permanent resident and I plan to apply for a green
    > card. I am presently in US on a F-1 visa which will expire next year. Am I allowed
    > to stay in US and work if I will have this pending application with INS, after my
    > F-1 status will expire?? The quota for my category is about 6 years I think, I am
    > over 21. Thanks!

You need legal status in the US, otherwise you need to go back to your home country
and complete consular processing there.

Frank A

"Shelley" <[email protected]> wrote in message
news:[email protected]...
    > Your father can file an I-130 petition for you, but your wait will be
closer
    > to 10 years as you are over 21 (2B family preference), and only as long as you are
    > unmarried. You will have to wait until this petition is approved before you can
    > apply for a Green Card.

I have heard of something (I don't remember the name of it) like change of petition
status. Once his father gets citizen ship he can change his preference from 2B to 3
without changing the priority date. This would shorten the waiting perion. Can anyone
confirm that?

    > Unless you maintain your F-1 status, or find an employer who will hire you and get
    > an employment visa for you, you cannot remain in the US. You
cannot
    > get employment authorization with only an I-130 pending. Also you may not be able
    > to travel to the US once you leave because you will have an I-130 pending. Take
    > Care. Shelley
    >
    > "tziushca" <[email protected]> wrote in message
    > news:[email protected]...
    > > Hello all, My father is a US permanent resident and I plan to apply for a green
card.
    > I
    > > am presently in US on a F-1 visa which will expire next year. Am I
allowed
    > > to stay in US and work if I will have this pending application with INS, after my
    > > F-1 status will expire?? The quota for my category is about 6
    > years
    > > I think, I am over 21. Thanks!
    > >
    > >
    > >
    >
    >

Frank

Shelley

"Frank A" <[email protected]> wrote in message
news:[email protected]...
    > "Shelley" <[email protected]> wrote in message
    > news:[email protected]...
    > > Your father can file an I-130 petition for you, but your wait will be
    > closer
    > > to 10 years as you are over 21 (2B family preference), and only as long
as
    > > you are unmarried. You will have to wait until this petition is
approved
    > > before you can apply for a Green Card.
    >
    > I have heard of something (I don't remember the name of it) like change of petition
    > status. Once his father gets citizen ship he can change his preference from 2B to 3
    > without changing the priority date. This would shorten the waiting perion. Can
    > anyone confirm that?

That doesn't make sense - a 2B is for unmarried adult children of Permanent
Residents, 3rd preference is for married children of US citizens. But yes, if the
father becomes a citizen, he can notify the Service Center of his status change and
then the petition would become a 1st preference petition, which currently has a 4
year wait for processing. See this website for family preference visa processing
http://travel.state.gov/visa_bulletin.html Take Care. Shelley

Frank A

"Shelley" <[email protected]> wrote in message
news[email protected] ws.com...
    > "Frank A" <[email protected]> wrote in message
    > news:[email protected]...
    > > "Shelley" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > Your father can file an I-130 petition for you, but your wait will be
    > > closer
    > > > to 10 years as you are over 21 (2B family preference), and only as
long
    > as
    > > > you are unmarried. You will have to wait until this petition is
    > approved
    > > > before you can apply for a Green Card.
    > >
    > > I have heard of something (I don't remember the name of it) like change
of
    > > petition status. Once his father gets citizen ship he can change his preference
    > > from 2B to 3 without changing the priority date. This would shorten the waiting
    > > perion. Can anyone confirm that?
    >
    > That doesn't make sense - a 2B is for unmarried adult children of
Permanent
    > Residents, 3rd preference is for married children of US citizens. But yes, if the
    > father becomes a citizen, he can notify the Service Center of his status change and
    > then the petition would become a 1st preference petition, which currently has a 4
    > year wait for processing. See this website for family preference visa processing
    > http://travel.state.gov/visa_bulletin.html Take Care. Shelley
    >
    >

Thanks for the info. What about this scenario: When the father gets his citizenship
he notifies the Service Center of ths status change thus the son becomes of category
1st preference. What if at that point the son gets married? would his category change
to 3rd preference without loosing the priority date? Would his wife get the GC at the
same time with him? Thank you.

Frank