Spring, TX asked in Immigration Law for Texas

Q: Okay to travel while on F1 CPT and F2B petition?

F1 student on CPT. My dad is a permanent resident and has petitioned F2B for me (priority date Sep 22). Is it safe for me to travel while on CPT?

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: Priority dates of F2B petitions take several years to become current. If there are ties and evidence to intent to return to home country after F1, it should be safe to travel

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: As an F1 student on CPT, traveling outside the United States generally requires careful planning. Ensure that you have all the necessary documentation, such as a valid visa, your I-20 signed for travel by your DSO within the last six months, and proof of your employment and enrollment. The pending F2B petition adds complexity to your situation. While the petition itself does not typically prevent travel, it's important to be aware that at the port of entry, you must demonstrate non-immigrant intent, meaning you plan to return to your home country after your studies. The pending immigrant petition could be seen as an indication of an intent to immigrate, so you must be prepared to show that you will comply with the terms of your F1 status. It's advisable to consult with your DSO or an immigration attorney to discuss your travel plans and the implications of your pending immigrant petition before making travel arrangements.

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