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Immigration Issues/Green card when turning 21

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Question
hi i'm just wondering.. cause im 20 right now and im dependent still to my dad who have a working visa (H-1b).. his been in america for 4 years now.. and i've been here for 3 years now.. but the problem is his company will apply him for green card next year my visa will expire by January.. my question is if he change his status what will happen to me?? is it gonna change too?? or they will make me go home cause my passport will be expired before that and cant renew cause i'm not dependent no more

Answer
Hi,

You would need to change to an visa status independent of your father prior to turning 21 years of age. Changing to a student status (F1 visa status) is a realistic possibility, but please check with the college or university DSO (also known as international student advisor) so that you are issued Form I-20 to enable you to change status. Information about student status is here: www.h1b1.com/F1visa.htm

Failure to file for change of status prior to turning 21 will require departure from the U.S.  

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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