| Q. |
F1 visa while GC application is being processed?
hi,
I work in a tech company in US on L1 visa since last July.My company applied for my green card in april and my perm labor certification is complete. The immigration lawyers are waiting to apply to I-140 now. But now I am planning to pursue my MBA next fall and hence would need an F1 visa to study. My question is can having a GC application filed going to affect my F1 visa application because I am showing an "Intent to immigrate" by applying for GC. Should I cancel my Green card process now so that I do not file I140 and hence not show the "intent to immigrate".And if I do not file for I140, can I answer no to the question in DS156 where they ask if I have ever applied to an immigration petition.
Your quick response would be appreciated.
User's Location:
Sunnyvale, California, United States of America
Category:
Temporary Student Visa (F,M,J)
|
| A. |
Having green card paperwork in process can be an issue for the F-1. While there is no dual intent problem with the L-1, the F-1 does have a dual intent aspect to it and the individual must general show proof that s/he will return to his/her home country.
There is the argument that if you complete any potential green card paperowrk through immigrant visa processing abroad you cannot be coming to stay permanently.
I can say that having green card paperwork in process and pending can potentially be an issue. It would most likley arise if your traveled and had to obtain an F-1 visa. No one can tell you it absolutely would be a problem, but I can see that as a real issue with your case.
Take a look at INA section 101(a)(15)(F) where it talks about an F-1 "having a residence in a foreign country which he has no intention of abandoning...and who seeks to enter the U.S. temporarily and solely for the purpose of pursuing such a course of study..."
Again it is not a yes or no answer that your pending green card paperwork would be a problem, but it certianly could, particularly at a consulate if applying for an F-1 visa.
Do you wish to continue with your green card process or you do not wish to return to that company?
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.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.
|
