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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28927
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My Cousin is from India and living on Student Visa and she

Customer Question

My Cousin is from India and living on Student Visa and she would like to marry the Green card Holder who is already in USA.. My question is my cousin can travel on Student visa backhome and come back to USA on the Student Visa while her I-130 Petition is pending upon marriage.
My question is if she marry next week.and file the Petition in September 2015. Can she comeback on Student Visa in Jan 2016 while her immigrant petition is pending? Any other issue
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 2 years ago.

When does her student visa stamp expire?


Customer: replied 2 years ago.
next 6 year
Customer: replied 2 years ago.
I mean she had 6 year Student Visa and she just arrived
Expert:  Judith Ludwic replied 2 years ago.

Her visa stamp is for 6 years???????? Or the I-20???

Customer: replied 2 years ago.
I belive Visa. She is coming here for Master's Program her I-20 May expire in next 2 year
Customer: replied 2 years ago.
She doesn't have any travel plan after Jan 2016. Do you suggest to 1-130Petition file now or after she come back in Jan 2016 to avoid any port entry issue?.
Customer: replied 2 years ago.
do you need any additional information ?
Expert:  Judith Ludwic replied 2 years ago.

I just checked and the maximum is 5 years but if her I-20 is only good for 2 years then the visa is only issued for 2 years.

Now the risk of using the visa to enter in January if she has an I-130 filed is that when they scan her visa everything with USCIS comes up on the screen and they see she has an I-130 pending. She can no longer claim intent to return to home country and she is very much at risk to be refused entry as an intending immigrant without an immigrant visa.

Best to wait until she takes the trip in January and returns and then file. After her Master she gets one year OPT or if she is stem an additional 17 months so she can wait for here p riority date to be current.

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Expert:  Judith Ludwic replied 2 years ago.

Patience, please, I was researching the visa validity period on the Dept of State website to be sure of what you were saying.


Expert:  Judith Ludwic replied 2 years ago.

I like to be very careful with my answers and not just write anything to give you a quick answer.


Expert:  Judith Ludwic replied 2 years ago.
I understand you may not have liked my answer and would have preferred for me to say travel was without risk but then what if she was refused entry and administratively removed at the POE? She would face a 5 year bar if that happened.
That would be most unfortunate and you would be understandably upset if I had not warned of this risk.