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Home > Law > Immigration Law   »   How to apply for residency on F1 visa

 
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Old Mar 24, 2008, 12:59 PM
ibmjuank
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How to apply for residency on F1 visa

Hi,

I'm a student on F1 visa until 2012. I came with my wife who has F2 visa and we recently had a baby which is US citizen.

What would be the best plan for us if long term we plan to apply for residency?
Can I apply to residency having F1 visa? Can my wife having F2 visa? or can we benefit somehow because of our baby?

Thanks,

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Old Mar 26, 2008, 12:20 PM   #2  
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you need to apply for an adjustment of status
go to VisaJourney.com : Marriage and Family Immigration to the USA (K Visa) for some good guidelines
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Old Mar 29, 2008, 01:21 AM   #3  
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Quote:
Originally Posted by ibmjuank
Hi,

I'm a student on F1 visa until 2012. I came with my wife who has F2 visa and we recently had a baby which is US citizen.

What would be the best plan for us if long term we plan to apply for residency?
Can I apply to residency having F1 visa? Can my wife having F2 visa? or can we benefit somehow because of our baby?

Thanks,
Student visa is not the path to US citizen. You have to be eligible in one of these categories:
  • Work visa
  • Diversity visa
  • Asylees and Refugees
  • Family of US citizens

Having a baby who obtain US citizenship does not mean parents will automatically have immigration status. The US citizen child can file petition for the parents only when:
  • he/she reaches the age of 18.
  • has income 125% of poverty guidelines.
  • can provide proof of income and tax. etc.
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