Immigrant Intent

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions related to immigrant intent.    

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[Shriks1]

Hi,

I am on H1B and my  daughter is on H4 and she will have to change status to F1.  I believe for  F1 visa non-immigrant intent should be established.

As my family(including my daughter) is in US since 7 years, and also my I-140 is approved, how can my daughter establish non-immigrant intent?

[Attorney_22]

On 7/7/2017 at 3:55 PM, Shriks1 said:

Hi,

I am on H1B and my  daughter is on H4 and she will have to change status to F1.  I believe for  F1 visa non-immigrant intent should be established.

As my family(including my daughter) is in US since 7 years, and also my I-140 is approved, how can my daughter establish non-immigrant intent?

The I-140 approval on your behalf does not directly affect the intent of your daughter, however could be considered in the totality of the circumstances. Additionally, an H4 dependent can pursue a full-course of study without the need to file for a change of status to F1. You may want to call our office to speak to one of our attorneys to discuss this matter in more detail.  

[Attorney_22]

Please follow this link for an article regarding this subject: https://www.murthy.com/2017/06/29/nonimmigrants-must-overcome-presumption-of-immigrant-intent/ 

[Shriks1]

Hi Attorney_22,

I am sorry I forgot to mention that my daughter would be turning 21 in January 2018 and her  graduation will be in May 2018. I believe she has to change her status to F1 before she turns 21, right?

My question was when she requests for a change of status to F1, does she need to establish non-immigrant intent?

[Attorney_22]

1 hour ago, Shriks1 said:

Hi Attorney_22,

I am sorry I forgot to mention that my daughter would be turning 21 in January 2018 and her  graduation will be in May 2018. I believe she has to change her status to F1 before she turns 21, right?

My question was when she requests for a change of status to F1, does she need to establish non-immigrant intent?

That is correct, at 21 a child can no longer continue as an H4 dependent. Non-immigrant intent is required for the F1; however, generally the scrutiny of USCIS during adjudication of the COS application is not as stringent as applying for an F1 visa at a consulate.