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L2/F1/Green Card Connundrum

L2/F1/Green Card Connundrum

Old Feb 8th 2018, 4:01 pm
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Default L2/F1/Green Card Connundrum

My first thread I think!

Story so far:

Daughter is 17 and has been accepted to University of West Georgia, the state we live in currently and will have done so for 23 months when she starts.

They want her as an International student and she is currently on an L2 Dependent Visa.

The College has asked that they request for the move to an F1.

She has been accepted for In State Tuition based on her SAT score and GPA.

Alongside this, my work agreed last week to petition for the Green Cards, with a 10-12 month expectancy to complete.

So, the question I have and couldn't answer via self service accurately enough, was around how to approach the F1 request from the College? I know she can attend College on the L2 until the Green Card is approved, but the College are quite insistent on the F1 so they can qualify her as international internally. It may also impact the In State Tuition offer, at least until the Green Card is complete. My thoughts form the research I have completed is that going for the F1 and Green Card at the same time is maybe frowned upon at least? if not worse by USCIS.

Thoughts? anyone gone through the same?
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Old Feb 8th 2018, 4:37 pm
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Default Re: L2/F1/Green Card Connundrum

My siblings both got F1 visas, while their family based green card process was still pending. That's not necessarily an issue.


Can she work on an L2 EAD? I know spouses can, just wondering about kids. If she can, then I wouldn't really agree with the school to change her status to F1. The only benefit (to me) of her being on F1 is the CPT/OPT she can apply for. But if she can get an EAD as an L2, then there's no point. Unless of course the green card process goes on till after she graduates.
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Old Feb 8th 2018, 5:08 pm
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Default Re: L2/F1/Green Card Connundrum

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Originally Posted by fbf2006 View Post
My siblings both got F1 visas, while their family based green card process was still pending. That's not necessarily an issue.


Can she work on an L2 EAD? I know spouses can, just wondering about kids.
No. Children on L2 cannot work or get EADs...or SSNs for that matter.

Rene
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Old Feb 8th 2018, 5:16 pm
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Default Re: L2/F1/Green Card Connundrum

No - she indeed cannot work, which is one reason the F1 was a good option initially. If she can apply for that and then just adjust status (assuming) when the GC is issued, that will solve the issue for us. It means she gets In State tuition for the first semester under the F1 and remains with the International student block (which she wants) and can do some part time work. Once the GC is through we can go full in state and look for a State scholarship as well.
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Old Feb 8th 2018, 5:37 pm
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Default Re: L2/F1/Green Card Connundrum

I think I'd go for the F1 in her case then.
FYI, I don't really think the green card process would take only 10 -12 months from start to finish. I guess it depends on what category your work is filing (EB1, EB2, EB3). There are a number of steps which take some time. I'd wager more of a 2 year process.
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Old Feb 8th 2018, 8:39 pm
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Default Re: L2/F1/Green Card Connundrum

EB1 - L1A switch. Not really that fussed on the timeline, that was just what the immigration lawyers mentioned.
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Old Feb 8th 2018, 9:07 pm
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Default Re: L2/F1/Green Card Connundrum

Originally Posted by robtuck View Post
No - she indeed cannot work, which is one reason the F1 was a good option initially. If she can apply for that and then just adjust status (assuming) when the GC is issued, that will solve the issue for us. It means she gets In State tuition for the first semester under the F1 and remains with the International student block (which she wants) and can do some part time work. Once the GC is through we can go full in state and look for a State scholarship as well.
F1 can't work the first semester, then it's limited to work on campus...which tends to be reserved for those with certain loan requirements, so you shouldn't count on working and you need to show you have the means to pay tuition and living expenses to get the F1. OPT, is after study.

The other issue, is a F1 dual intent? I didn't think it was. If that's the case, then you can't have intent to stay here, while entering on a F1 and if you have a greencard application in the works, then you'd be showing intent.

That would definitely be something to discuss with your immigration lawyer, I would imagine.
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Old Feb 8th 2018, 9:27 pm
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Default Re: L2/F1/Green Card Connundrum

OPT is after study, but there's CPT while studying. It does deduct from the number of months of your OPT I believe. Also you need to get credit for the CPT if I'm not mistaken. My sister did that but that was in the early 2000s. On campus employment probably depends on the school. You can work on campus the first semester on F1. It was part of my financial aid package and I as well as others in my school and other schools I'm aware of started working from the start.


Regarding intent, you should probably talk to the immigration lawyers. It worked fine for my siblings though and they weren't landlocked in the US or anything.
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Old Feb 8th 2018, 10:28 pm
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Default Re: L2/F1/Green Card Connundrum

Originally Posted by Bob View Post
..... The other issue, is a F1 dual intent? I didn't think it was. If that's the case, then you can't have intent to stay here, while entering on a F1 and if you have a greencard application in the works, then you'd be showing intent. .....
Having a green card in process is not a bar to obtaining and using visa that is not dual intent. In fact having and using a B-2 while a GC application is in process is fairly common.

Another example is the often recited piece of nonsense that "you can't apply for a green card while in the US on an E-2".
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Old Feb 9th 2018, 2:50 am
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Default Re: L2/F1/Green Card Connundrum

Well you can apply for anything. Doesn't mean you'll get it.
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Old Feb 9th 2018, 3:24 am
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Default Re: L2/F1/Green Card Connundrum

Some years back, the minions of the dark forces decided that non-immigrant students in University,college had to be under the SEVIS system. So E-2 dependents, H-4 and L-2 had to change to F-1. I think this is crazy, but it is what it is.

This does not affect eligibility for accompany/follow to join eligibility for adjustment to permanent residence b
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Old Feb 11th 2018, 1:28 pm
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Default Re: L2/F1/Green Card Connundrum

Originally Posted by Bob View Post
Well you can apply for anything. Doesn't mean you'll get it.
[Assuming you're referring to my post immediately above yours.]

Having a current green card application in process does not bar you from obtaining a visa that does not have immigration (or dual) intent, including but not confined to B-2, F-1, E-1, and E-2. Of course the visa application may be rejected for other reasons.

Last edited by Pulaski; Feb 11th 2018 at 1:33 pm.
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