Chicago, IL asked in Immigration Law for Illinois

Q: If a person above 21 and unmarried is in U.S studying on F1 visa,His father is U.S citizen, Can he apply green card?

If father apply 's for his son, After filling the petition for green Card, Will it affects the F1 visa of his son and the opt coming up after study.

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1 Lawyer Answer
Lindsay G Gray
Lindsay G Gray
  • Immigration Law Lawyer
  • Austin, TX

A: The father can file an I-130 on the son's behalf, but he cannot do a one-step adjustment of status petition because a visa number is not immediately available. However, it would be a good idea to check to make sure the son did not derive citizenship from the father. Also, beware that filing an I-130 for someone who is on a non-immigrant visa can cause problems down the road for renewal because it would be evidence of immigrant intent. Good luck!

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