Best answer: Can you apply for student visa while waiting for green card?

Yes, there are two points at which a safe harbor is reached, and traveling is not affected by the pending green card. The first point is where you have filed and obtained an H-1B, L-1, or O-1 status or visa. Both H-1B and L-1 visas specifically, by law, allow the visa/status holder to have a green card pending.

Can I apply for US student visa while waiting for green card?

Both are temporary visas and a candidate can stay in the USA on both whiles waiting for their green card.

Is it possible for me to get a student visa if there is a pending I 130 petition?

Yes. You can. A petition filed on your behalf is clearly an intent to immigrate, however your intent to immigrate will be reviewed at the time of application of your non immigrant visa.

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Can I go to college while I-485 is pending?

If you are in process of an I-485 application for Adjustment of Status, you may be in a “pending” residency status which your potential college won’t accept as eligibility to attend their school.

Can you stay in US while waiting for green card?

Some people can stay in the U.S. for the entire period of applying for a U.S. green card. Others must leave the U.S., either while they wait for a visa to become available (which can take years in some cases) or in order to attend their immigrant visa interview, which is the last major step in the immigration process.

Can you get F1 visa while waiting for green card?

Yes, there are two points at which a safe harbor is reached, and traveling is not affected by the pending green card. The first point is where you have filed and obtained an H-1B, L-1, or O-1 status or visa. Both H-1B and L-1 visas specifically, by law, allow the visa/status holder to have a green card pending.

Can I go to college while waiting for my green card?

Yes you definitely can, however; the main issue you’ll have is with your tuition rate. Since you won’t be a permanent resident, you’re certainly gonna have to pay a non resident rate charged to international students. As you well know this tuition rate is very steep in terms of costs.

What if my visa expires while waiting for green card?

When you apply for a green card through an adjustment of status, you don’t have to go back to your home country when your visa expires. You’ll be allowed to remain in the United States until the U.S. Citizenship and Immigration Services (USCIS) completes their processing of your application.

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Can you apply for green card while on visitor visa?

Can You Apply for a Green Card While on a Tourist Visa? You can apply for a green card to gain lawful permanent resident status in the U.S. while you’re visiting the country on a tourist visa. … However, you can’t enter the U.S. on a visitor or tourist visa with the intention of applying for a green card.

Can I stay in the US while my i-485 is being processed?

You have the right to remain in the United States while the application is pending. … However, if USCIS denies the I-485 application, you could be forced to leave the United States immediately.

How long does it take to get 485 approved?

After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months. The basis of your adjustment of status (e.g. family, employment, asylum, etc.) will be a significant factor. This is an approximation.

Can I apply for OPT while I 485 pending?

You should be able to apply for I-765 OPT with no problem at all. Having pending I-485 and I-765 through family does not affect your F-1 status, and having them does not automatically revoke your F-1 status. … So, basically, as long as you maintain F-1 status and regulations, you should not have a problem with that.

How many applications are pending for green card?

As of September 2021, there are 130,333 pending DACA applications at USCIS — a 140% increase in the backlog over the course of only one year.

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What can I do while waiting for my green card?

If you received work authorization while your green card application is pending, there are no restrictions on your employment, and you can work for any employer. Of course, your employment must comply with both state and federal laws and regulations.

How long does it take for a green card to be approved?

In most cases, it takes about two years for a green card to become available, and the entire process takes around three years.

How long does it take to get a work permit while waiting for green card?

Your work permit will arrive within five months — up to seven months, in some cases — after U.S. Citizenship and Immigration Services (USCIS) receives your work permit application. (Until recently, the typical processing time for a work permit application was 90 days, but a growing backlog has caused additional delays.