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Immigration Issues/changing visa status from f3 to f1

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Question
I applied form my daughter's visa, at the time and she was married, so I got F3 and it was approved. It went to the next step which is waiting for visa number to come up. Currently her husband died, so can I change her status to F1, and will I keep my priority date of the original F3 submission? If it can happen what do I need to do to change status.

Answer
Dear Alex,

1. You are correct that your daughter was F3 and now she has automatically changed to F1 due to her husband's death.

2. There is nothing you need to do at this point.  What you need to be aware is to look at the priority date based on F1 category and when it becomes current, contact National Visa Center (I can help with that) to get the green card application started.

3. The change in category is automatic under the law, so there is no steps that need to be taken to change the application.

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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