| Q. |
I539 from H4 to F1 and father's I140
Hi,
I have submitted my son's H4-F1 transfer I539. In the box for "Has anyone filed immigrant petition on your behalf" I checked YES. Actually, my employer has filed my I140 (485 not filed) and is pending. His name is mentioned in Spouse and children column in I140. Should I file an amendment to I539 to uncheck the box? Will it affect the F1 if I leave it as it is? I attached an addendum to 539 mentioning "my name is included in the I140 filed by my father's employer" with the 140 Receipt notice #.
Thanks.
User's Location:
Raleigh, North Carolina, United States of America
Category:
Temporary Student Visa (F,M,J)
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| A. |
Thanks for your question.
At this point, I don't think filing an amendment is advisable. They may not even notice this information on the Form I-539. If they do, you have provided sufficient information to clarify that your son is a derivative beneficiary of the immigrant petition, not the principal beneficiary (it does not make much difference anyway). If they have not noticed and you send the amendment now, then it will definitely come to their attention. This is true unless, of course, the request for amendment never even makes it into the file, which also happens frequently. In that case, it is moot. |
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Maurice C. Inman, Jr.
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Thanks. My major question is, if they notice it, will it be a reason to deny the F1? |
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| A. |
It could be. The USCIS needs to reconcile the fact that the applicant is part of an immigrant case (albeit in the early stages), while applying for a nonimmigrant visa status. In order qualify for a nonimmigrant visa, the applicant usually must demonstrate that he or she is not an intending immigrant. |
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Maurice C. Inman, Jr.
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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