Violating student status not a bar to green card
QWill having violated my student status keep me from getting a green card? I was an F-1 international student, but lost that status because of poor grades. I stayed in the United States for two years after leaving college. Now I am back home in Angola. My wife petitioned for me, and I am waiting for my immigrant visa interview.
Alberto Nganzi Jr., Angola Your having stayed in the United States without lawful status will not impact your right to an immigrant visa. F-1 students admitted with Duration of Status, or D/S — as most are — are not subject to the dreaded “unlawful presence” bar to getting an immigrant visa, unless U.S. Citizenship and
Immigration Services has denied them an extension of stay or change of status, or an immigration judge has found them to be here unlawfully. Simply dropping out of school or even working in the United States without permission won’t subject you to the bar. The Department of Homeland Security tried to change that rule, but a federal court has, at least for now, prevented them from making the change.
I am a U.S. citizen, petitioning my mother who is in the Philippines. Can my 18-year-old sister get a green card when my mother does so she can travel with her to the United States? My mother qualifies in the category for the parent of a U.S. citizen at
Qleast 21 years old. USCIS approved the petition I filed for her. She is now just waiting for her interview.
Cyrus No. Your mother will immigrate as an immediate relative of a U.S. citizen. The spouse and children of immediate relatives cannot accompany a parent to the United States without a separate visa petition. That is a different rule than applies in the family and employment preference categories.
Some scholars think the rule difference is due to a legislative drafting error. Maybe Congress will change the rule someday. Meanwhile, the fastest way for your sister to get a green card is for your mother to petition for her as soon as she immigrates to the United States.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to questions@allanwernick.com. Follow him on Twitter @awernick.