My daughter is in H-4 status, but she turns 21 in July. So, she is applying for a change to F-1. Meanwhile, I have a pending EB3 case. Will her moving to F-1 status prevent her from getting a green card as my dependent?

Answer

Moving to F-1 status does not affect one’s eligibility for the GC. Turning 21 might, however, if one is not protected under the Child Status Protection Act. This is a complicated question, and one should consult a qualified attorney in this regard. (22.May.2017)

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