Question from Puku, Can I Change My Status from F1 to F2B While in the USA?
Answer from AI:
Changing your immigration status from F1 (student visa) to F2B (family preference immigrant visa for unmarried sons and daughters of U.S. citizens) while in the United States is a complex process and depends on several factors. It’s important to understand that immigration law is complex and changing your status can have significant implications. Therefore, it’s recommended to consult with an immigration attorney for personalized advice.
Understanding F1 and F2B Visa Categories
The F1 visa is a non-immigrant visa for those wishing to study in the U.S. On the other hand, the F2B visa is a family preference immigrant visa that allows unmarried sons and daughters (21 years of age and older) of U.S. citizens to immigrate to the U.S.
Eligibility for Change of Status
Generally, to change your status from F1 to F2B, you must meet the following criteria:
- Your U.S. citizen parent must file a Form I-130, Petition for Alien Relative, on your behalf and it must be approved.
- You must be unmarried and at least 21 years old.
- You must be physically present in the U.S. in a lawful status at the time of filing the change of status application.
However, even if you meet these criteria, you may not be able to adjust your status in the U.S. This is because the F2B category is subject to annual numerical limits, which often results in a waiting period before an immigrant visa number becomes available. You can check the Visa Bulletin published by the U.S. Department of State to see the current wait times.
Process of Changing Status
If you are eligible and decide to proceed with the change of status, the general steps are as follows:
- Your U.S. citizen parent files Form I-130 on your behalf.
- Once the I-130 is approved and a visa number becomes available, you can file Form I-485, Application to Register Permanent Residence or Adjust Status.
- Attend a biometrics appointment and an interview, if required.
- Wait for a decision on your application from U.S. Citizenship and Immigration Services (USCIS).
Note: Changing your status from F1 to F2B could impact your ability to continue studying in the U.S. or to return to the U.S. if you leave. Therefore, it’s crucial to discuss your situation with an immigration attorney before proceeding.
For more information, you can visit the Adjustment of Status page on the USCIS website.
The answer is written by AI.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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