Immigration Issues/from H4 to F1


We are Canadian citizens living and working in the US thru an H1 visa. We recently received our green card except for our daughter who turned 21 days before we received the Labor Cert and applied for permanent residency. She was given an H4 at the border until Nov 17/06 even thou her 21st birthday was in May/06. She now wants to continue studying at the university (1 year left to graduation) but she's out of status according to the University (because of her 21st birthday) or In status because of her I-94. Her I-20 was approved starting in Jan/07. Does she have to leave the US before 180 days after her birthday or can she wait until Nov when her I94 expires. Will she have any problem at the border when she comes back? We have sponsored her and will continue sponsoring her for the rest of her career. What other requirements besides the funds required for the I20, does she need to enter as an F-1 student?  

The I-94 was issued with an error as to the end date. To be safe, I would advise her to leave immediately. I would not want to rely on an argument that it was immigration's mistake when they try and bar her for 3 years for her illegal presence.

She financial support she needs to prove ties to Canada and intent to go home after schooling. She must show a  residence in Canada.



Immigration Issues

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Robert Hollander<B> Esq.</B>



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