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Question
Hi Ajay:

My dad was recently granted permanent residency and I would like him to file for me. I am on a F-1 visa. The problem is that he does not live in the U.S as yet.

What are the steps to file for when it comes to showing tax returns? Can I show my mom tax returns who is on a H1B? Should I file now on my F1 visa? How long will it take for me to adjust status?

Thanks for your help
Candice

Answer
Hi Candice,

Your Dad can file for you even though he does not live in the U.S. You will be either in F2A or F2B category as per http://www.h1b1.com/sponsor.htm

It will take several years for you to be able to adjust status. Hopefully your father will have filed 3 years worth of tax returns at that time. If not, someone else who is a permanent resident or U.S. citizen can file affidavit of support for you and attach their tax returns.

It is OK for your father to sponsor you now, but I recommend that you not travel outside the U.S. on an F-1 visa since your father sponsoring you means that you have an intention to reside in the U.S.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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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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