QUESTION: I am a U.S. citizen. I applied for a green card for my husband. His kids entered the US on F2 visas as dependents of their father, who held an F1 student visa
. I petitioned for him, but my attorney only had me apply for him, not his kids. Are their visas now canceled because their father got his green card? ARI SAUER – THE IMMIGRATION ANSWER MAN
: Yes. The children are now out of status. When your husband because a US permanent resident, his F-1 status ended. As their F-2 status was dependent on him maintaining his F-1 status, when he became a permanent resident, they fell out of status.
However, as long as the marriage took place before the childrens' 18th birthday, and as long as the children are still under 21, you can still file petitions for the children as Immediate Relatives
. Since their last entry into the US was a legal entry with a visa, the fact that they have fallen out of status should not bar them from being able to get a green card as an immediate relative.
Please note that this exception to the rule only applies to immediate relatives, which are the spouse, parent, or unmaried child under 21 of a US citizen.
If you would like assistance with this process, you can schedule a consultation with me by calling 1-800-343-4890 or 901-682-6455 or by clicking here to schedule a consulation appointment with an immigration lawyer
* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html
. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.