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Subject: Re: F-1 and I-130 Pending Posted on: Tue, 14 Sep 2004 03:38:20 +0000 (UTC)

"Jozef" wrote in message news:...
> "jake2002vn" wrote in message
> news:f3b09edc.0409112004.2095dc63@posting.google.com...
> > "Jozef" wrote in message
> news:...
> > > "pammoo" wrote in message
> > > news:3e7c010e.0409100552.10d05057@posting.google.com...
> > > > "Jozef" wrote in message
> news:...
> > > > > "jake2002vn" wrote in message
> > > > > news:f3b09edc.0409080859.6be5bb2@posting.google.com...
> > > > > > Hi, I am currently an F-1 student in Ohio. I have an uncle who
> willing
> > > > > > to file I-130 for my mom to immigrate to America through
> family-based
> > > > > > (brother and sister). Under the I-130 application, I will be an
> > > > > > accompaning relatives. I know that the process is very long. But I
> > > > > > would like to know when my uncle file I-130 to USCIS, and get the
> > > > > > receipt back from the USCIS say that they got his application. In
> that
> > > > > > receipt, do my name appear as an accompaning relatives.
> > > > >
> > > > > No
> > > > >
> > > > > > While waiting
> > > > > > for the I-130 pending, can I still attending school and pay
> in-state
> > > > > > tuition.
> > > > >
> > > > > Yes. However, you will have a problem if you ever have to renew your
> F-1
> > > > > visa, since F-1 visas do not allow immigration intent.
> > > >
> > > > My understanding is that mere filing of I-130 does not give in state
> > > > tuition rights to prospective immigrants,
> > >
> > > That is correct. However, the OP stated that he was already getting
> in-state
> > > tuition. Filing an I-130 won't change that.
> > >
> > > > I-130 has to be approved by
> > > > BCIS and pending its portability and availibility only allows in state
> > > > tuition rights.Since i am not a legal person, let us have some
> > > > thoughts on this issues!!!!
> >
> > Thank you everybody that reply this post. I'm really appreciate this.
> > Assuming that my uncle got the receipt notice from INS, stating that
> > the I-130 is filing. If I decide to become part-time at my college,
> > working on-campus. That's mean I won't follow any F-1 obligation. And
> > waiting for my I-130 approval. When my priority date is current and my
> > I-130 is approved, can I still go ahead and file I-485 (Adjustment of
> > Status), regardless of my F-1 status violation.
>
> No. Filing an I-485 Adjustment of Status application is only possible if you
> have maintained valid immigration status the whole time you where in the US.
> If you haven't you have to apply for an immigrant visa in the US consulate
> in your home country, after the I-130 petition is approved.

Thanks. If while the I-130 is pending, can my mom apply for an Tourist
visa to visit USA. Besides CA and texas, do u know any state that
allow I-130 pending pay in-state tuition. When I transfer to another
college, should I say that I'm on F-1 visa status and I-130 pending,
or should I only say that my I-130 pending. Which one is benefit more.
I just send email to the University of Illinois and they said that I
have to get an actual green card to pay in-state tuition. Because I'm
still on F-1 visa status. That's the reason why I don't allow to pay
in-state tuition. Please help me.

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