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Old 06-03-2010, 03:52 AM
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Question Visitor-H4-F1

Hello,

Background:
I came to the US along with my parents and brother in 2000. We came here on a visitor visa, however, since my dad got a job with sponsorship we decided to stay here. Hence, the change of status to H4. My family later filed for greencard. They did not file for me, as I was close to turning 21 before it was going to be approved and the lawyer suggested that I should go on F1 status once I am 21. Currently my family have got their EAD card and travel document (i485 approved). I am still on F1 and have never filed for any immigrant visa. I have been done with my school and due to the economic condition it has been difficult for me to find a job with sponser. I worked on OPT for a year, however the company never filed H1 for anyone and wasn't willing to do so in my case either.
Question:
I want to travel to another country, Can I go to Canada and get my F1 visa stamped? I am currently enrolled in school for some Certification program. If so, what Consulate would you recommend? I have read in many forums about Ottawa? I do understand that I need to show strong ties to my home country, but I really can't show any since I have been here for the past 10 years and my family is settled down here? Do you think they would stamp my visa? I am confused, but I really want to travel to get some work-exp here and there and also visit my grandparents back home.

Please advice.

Thank you
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Old 06-03-2010, 11:19 AM
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Unfortunately, it is extremely unlikely that any US Consular officer would grant you an F-1 visa under the circumstances you have described. US Immigration Law requires F-1 visa applicants to prove that they have a home outside the US to which they intend to return after completion of their studies.

In your case, because your immediate family resides permanently in the US, because you yourself have resided here for the last 10 years and because you lack significant ties to a home out of the US, your F-1 visa application will almost certainly be denied. Additionally, you will have no way to return legally to the US.
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Old 06-03-2010, 03:23 PM
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Default What would be the case if he is alrady in 485 before 21?

Thanks for this advice.

in similar conditions as above, I have applied for GC to my son at the age of 17 and still not approved. He is going to turn 21 next year.
What will be the consequences if 485 is not approved before he turns 21?

Regards
Ram
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Old 06-03-2010, 03:41 PM
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Hello,

@Aruben- thank you for the quick reply and advice. Do you think getting H1 stamped is easier compared to F1? Also, do you think I would be covered under the Child Status Protection Act, as I was not 21 when my parents filed for their i485?

@Ram
I would think your son should be covered under the Child Status Protection Act. Not quite sure, but since you have applied for him already he should be.

Thanks
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Old 06-04-2010, 07:31 AM
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Quote:
Originally Posted by Rach85 View Post
Hello,

@Aruben- thank you for the quick reply and advice. Do you think getting H1 stamped is easier compared to F1? Also, do you think I would be covered under the Child Status Protection Act, as I was not 21 when my parents filed for their i485?

@Ram
I would think your son should be covered under the Child Status Protection Act. Not quite sure, but since you have applied for him already he should be.

Thanks
Do you think getting H1 stamped is easier compared to F1?

H-1 visa applicants are not required to prove that they have a home abroad to which they intend to return. So, the factors in your case that would cause a Consular Officer to deny your F-1 visa simply would not apply if you were applying for an H visa.

Also, do you think I would be covered under the Child Status Protection Act, as I was not 21 when my parents filed for their i485?

It is possible that you were, and perhaps still are covered by the Child Status Protection Act (CSPA). Whether CSPA applies in a given case requires a fact based three part analysis:

• First, determine the child’s age at the time a visa number becomes available;
• Second, subtract from this age the number of days that the visa petition was
pending; and
• Third, determine whether the beneficiary sought LPR status within one year of the
visa availability date.

USCIS interprets the term "sought LPR status" to mean "filed form I-485". This very narrow interpretation has been successfully challenged in a few non-precedent Board of Immigration Appeals cases.
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