If I am F1 student on OPT, can my US citizen mother file for my green card or do I have to change my status?

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If I am F1 student on OPT, can my US citizen mother file for my green card or do I have to change my status?

I am on F1 visa status graduated with PhD, first year of OPT. Do I have to change my status if my mother wants to apply for my green card? I am above 21 years. What would be best thing to do?

Asked on June 15, 2012 under Immigration Law, Maryland

Answers:

Gene Meltser, Esq. / BIRG & MELTSER

Answered 9 years ago | Contributor

You can NOT change your status when she files - you must wait till the visa becomes available. So you just simply continue on the F-1 status until that time. If you have any more questions please feel free to contact me at meltser@bmlaw.com


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