if my green card is denied, will they take my F-1 visa away?
i have the F-1 visa now and i am studying in usa with no problem, but i want to apply for the green card, if they denied my green card, will they take my visa away also for any reason?
sorry, i should have said that my american stepparents want to apply for my green card, but they are afraid that if they denied my green card, they will revoke my F-1 visa.
- ibu guruLv 71 decade agoFavorite Answer
Student visa is a non-immigrant type of visa and you are expressly forbidden to change status to an immigration-class of visa. If you apply for a green card on a student visa, you very well could have your student visa pulled and be barred from reentry since such an application indicates visa fraud - that you never had any intention of returning to your own country upon completion or termination of studies.
You are welcome to study in the US, if you can pay your own way, but a condition of issuing such a visa was that you would return to your own country immediately upon completion or termination of studies. So you are going home as soon as you finish or leave school.
- Fred SLv 71 decade ago
You're asking for a prediction. It's possible that your F-1 visa could be revoked.
In order to qualify for an F-1 visa, an applicant must show "present intent to leave the United States at conclusion of studies." If you attempt to become a permanent resident, that would imply you have no intention to leave the U.S. at the end of studies.
In 22 CFR 41.122(a) it says: Grounds for revocation by consular officers. A consular officer is authorized to revoke a nonimmigrant visa issued to an alien if:
(1) The officer finds that the alien was not, or has ceased to be, entitled to the nonimmigrant classification under INA 101(a)(15) specified in the visa or that the alien was at the time the visa was issued, or has since become, ineligible under INA 212(a) to receive a visa, or was issued a visa in contravention of INA 222(g).
As as matter of discretion, an officer could revoke the F-1 visa if he felt that you ceased to be entitled to that classification. If your adjustment was denied and you were given voluntary departure, then the final order granting voluntary departure with an alternate order of deportation would justify cancellation of the visa.
So, yes, it's possible, but it would be a judgment made at the time of the denial based upon the facts at the time. Ignore ibu guru.
- frideresLv 43 years ago
Your uncle will no longer be an intensive sufficient relative to do the common familial sponsorship. What you're speaking about would take many, many years to procedure and your F-a million will probably be expired through then. So no matter if you attempt to attempt this or you attempt to get a US company keen to sponsor a artwork visa you'll nevertheless could go back homestead after your study then re-enter on the recent visa form.
- PennyLv 41 decade ago
It all depends. Did you apply for the F1 just to get over here and change status to a green card or did you really come here to study. Immigration is being a lot more careful these days. You know people will do anything these days to get to the USA, legal or not.
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- MadManLv 71 decade ago
You cannot apply for a green card if your only tie to the US is being here as a student. You need to be married to a US citizen or have worked here on a H1-B visa for years.