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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107207
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am on a valid F-1 Visa currently in the US. If my parents

Customer Question

I am on a valid F-1 Visa currently in the US. If my parents (Green card holders) apply for my immigration will I be allowed to stay in the US on adjustment of status?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

It really depends on a few things. What country were you born in? How much time do you have left in your studies? How old are you? Are you married or single? How long have they been U.S. Lawful Permanent Residents?

Customer: replied 9 months ago.
I am a Pakistani citizen. My F-1 visa is valid till 2019, and my studies will end in 2017. I am 23 years of age, single. And they have very recently become US lawful permanent residents.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Then unfortunately, I do not have good news for you. I ask that you please do not shoot the messenger as I am not at fault for the broken system of immigration laws we have in the U.S. Take a look at this link:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-june-2016.html

Even if you were to use the second chart, the chart for persons that maintain their independent legal status in the U.S. like F-1, the date there is still 2010 for F2B category which is son or daughter over 21 of U.S. Lawful Permanent Residents. This means that only I-130s filed on or before that date in 2010 can now be used to get Residency. So you would have about a 6 year wait and that's IF you can maintain your F-1 or other status until then. I am truly sorry. You will most likely have to do what most students do which is graduate, get OPT, then get H-1B and hopefully a green card from an employer. Can your parents file an I-130 for you and you still graduate and get OPT and H-1B, etc. and then get a green card through them? Yes, but I recommend that you do that after you graduate and get OPT because F-1/OPT require non-immigrant intent and a pending I-130 is evidence of immigrant intent.

You could also look into the MAVNI program and U.S. Citizenship through U.S. Military service. Here is a link:

https://studyinthestates.dhs.gov/what-is-mavni-information-for-designated-school-officials

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 9 months ago.
After I graduate and am on my approved OPT can my parents apply for me then and will i be allowed to stay with them on adjustment of status? It's just that as you may know the conditions in pakistan are not great and as a single female it would be really hard for me to live there with no family. So I am trying to figure out my options.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Once the OPT is set, as long as you don't have to travel or make changes to the OPT, an I-130 is relatively safe to file. The safest is to wait until H-1B status. Since you would get H-1B for 3 years plus 3 more years, that should be just about enough time to make it.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Customer: replied 9 months ago.
just to be clear even when I'm on my opt and file an I-130 will I not be allowed to file the I-485 with it and stay in the US?
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

No, you will not. Your Priority Date will be around date that you file and you have to wait for the date on the Visa Bulletin to pass the Priority Date of your I-130 before you can file the I-485.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does NOT close if you forgot to ask something. You aren't charged again if you respond on the same thread. If you don't see the stars by my name, just let me know. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello Samar. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!