You are here:

Immigration Issues/Does I-130 petition affect OPT and TN?

Advertisement


Question
Hi,

I am a US citizen and I want to apply green card for my daughter based on the family sponsored preference F1. My unmarried daughter is over 21 years old and has Canadian citizenship. Now she is on F-1 student visa and is pursuing her physician career in a US medical school. I have the following concerns, which I was wondering if you could help answer before I take any immigration action.

1. If I file an I-130 petition on behalf of my daughter, does the I-130 petition affect her to obtain post-completion OPT after her graduation?

2. Does the I-130 petition affect her to obtain TN visa? She needs TN visa to work in USA, if she does not find a position as a physician.

3. According to US immigration laws, can you tell me who’s intent it is during the waiting period of an immigrant visa number (7 years), i.e. after filing I-130 but before filing I-485? Is it my intent, or my daughter’s intent, or both?

Your answer is very appreciated,

Answer
1) I don't think so;
2) TN visa is a temporary visa to work in the US; Canadian's may not hav to file any petition but submit documents at entry to CBP officials, however, if petition is filed then you may have to list pending I-130 Petition which may negate the temporary intention. Further, regarding work - I don't think that would be an issue.
3) I-130 is an Immigrant Petition filed by the Petitioner (YOU)on behalf of the Beneficiary (Your Daughter) to immigrate to the United States; it is the petitioner's intention that the beneficiary immigrate to the United States.  

I hope to have answered your query satisfactorily.

Best wishes,  

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

©2016 About.com. All rights reserved.