Asked in Immigration Law

Q: Can you apply for an F-1 visa for university while waiting for an I-130 green card if you are from oustide the USA?

My wife and I (US citizen) applied last fall in November, and we fear due to Covid-19 we could see a delay of 3-5 additional months of waiting. One of our solutions was whether it was possible for her to apply for university in the US and live on a F-1 visa while awaiting her green card? Does anyone know if this is possible, or whether it would disrupt her current waiting time?

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1 Lawyer Answer
John Alexander Bates
John Alexander Bates
  • Immigration Law Lawyer
  • Bridgeport, CT

A: I would just wait. An F-1 is a non-immigrant visa and you have an immgrant visa pending. If there are delays, so be it. Schools may not even be in session for another 6 months. Be patient and wait for the I-130 to process.

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