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Filed: Timeline

That's true, he can always renew his visa. As long as he is enrolled full-time, meaning he stays in college (12 credits), he would definitely be able to do AOS when his PD is current since he isn't likely to finish college in the next couple of years. He just has to make sure to renew the visa before it expires to avoid any potential issues, like having to apply outside the US since typically they can renew the visa without having to leave.

if he is currently in the US, the student visa can expire and doesn't have to be renewed, as long as the I20 is current and he is maintaining status. If he leaves the US after the visa expires, though, then he would have to renew to gain entry back into the US.

"My stepson was 19 when his father and I got married. We have been married for 3 years." The step son is already over 21 so no way to be current in 2 years more like 7-9 years. That is a lot of studying. If he married before parent is USC then the petition is dead

you'd be suprised how many people on F1 student visas have been in the US for 10+ years and going to school.

Edited by fullglass
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Yes, you're right I thought that he was 19. In that case, he can't be petitioned under F2A, which his father should have done as soon as he became an LPR. He would fall under F2B now and can upgrade to F1 when his dad becomes a USC. The PD's for that is 7+years. He could have already knocked down a couple of years had he been petitioned when his dad became an LPR.

This does not constitute legal advice.

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