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Weird and Difficult Situation

By PEV in Working & Traveling During US Immigration

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PEV Rookie

PEV   0

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Filed: FB-2 Visa Country: India
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Hi,

I came to US as an international student from India with F1 visa and recently graduated with a bachelors degree. My family has been in US for the past 6 years as they came here as residents with green card. They couldn't file for my green card from India because of my age restrictions, but my mom filed for me after she came to US. When the immigration laws changed my status for green card processing was pushed back to five years, that means we have to wait for another three years for them to start the processing again. It has been approved and we were just waiting to get the final notice when the immigration laws changed. 

I haven't been back to India since I came here(5 years) and my grandparents are back home. I would like to visit them before my Visa or OPT expires, and come back to US to stay with my family. Our lawyer advised not to travel anywhere with my current status because I might not be able to come back to US until I get my green card. Is that the case? I have valid F1 visa until the end of July 2019 and OPT after that. Would it be a bad decision to travel for just two weeks to India? 

Sorry for the long story but any help is appreciated. I just need to know if I can travel. My grandparents are old and I would like to visit them for at least two weeks.

 

Thank you for the help in advance!

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Just Observing Apprentice

Just Observing   34

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The attorney is saying that out of an abundance of caution. A few Indian students have been denied entry upon returning to the USA from vacation abroad but usually for some minor immigration infraction.

 

Note however that since you are leaving after graduation, then it becomes more dicey because OPT is not a exactly a right, it is a privilege that the immigration officer at the airport can decide not to allow you to come and perform.

 

I would not go if I were you. I mean if you had five years to go and visit and you did not go, why suddenly are you going to risk it?

Edited by Just Observing
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WeGuyGal Proficient

WeGuyGal   1,052

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Your lawyer has a point, I'd say travel on an F1 visa, with an immigrant petition in the pipeline and family in the US, is fraught with risk of a denied entry. You are no longer a full time student studying. Why go now when you had all these years as an actual student? 

 

You're paying the lawyer, I'd heed his advice. You came to the forum because you didn't like what you heard from the lawyer? 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Crazy Cat Grand Master

Crazy Cat   41,345

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Filed: Citizen (apr) Country: Taiwan
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18 minutes ago, PEV said:

I would like to visit them before my Visa or OPT expires, and come back to US to stay with my family.

Entering the US via an F-1 (non-immigrant)  with intent to adjust status is visa fraud......you are playing with fire, imo.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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PEV Rookie

PEV   0

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Filed: FB-2 Visa Country: India
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1 hour ago, WeGuyGal said:

Your lawyer has a point, I'd say travel on an F1 visa, with an immigrant petition in the pipeline and family in the US, is fraught with risk of a denied entry. You are no longer a full time student studying. Why go now when you had all these years as an actual student? 

 

You're paying the lawyer, I'd heed his advice. You came to the forum because you didn't like what you heard from the lawyer? 

I just wanted to know if thats the advise of everyone, and not just the lawyer trying to keep their side safe. 
I didn't visit India in the past years because of the same reason, that the immigration officer might deny my entry, and I didn't want that to jeopardize my education. Now that I have graduated I wanted to know if I could visit. Since that is not what everyone advice, I would just stay here and work on my OPT. 
Thank you for your reply!

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carmel34 Experienced

carmel34   3,577

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8 hours ago, PEV said:

I would like to visit them before my Visa or OPT expires, and come back to US to stay with my family.

You'll have to go home to India after your OPT expires anyway, to wait out the rest of the time your immigrant visa process takes.  To be safe, ust go and visit your grandparents then.  Or leave now if you're a risk-taker, and if refused entry at POE, go back, spend more time with your family in India, and wait out the visa process there.

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