F1 Cos Status while I-130 Pending

[skwis]

I have green card and  would like to  initiate green card process for my son based on FB2 category.

He is currently working on OPT and have applied for higher studies program, waiting on acceptance.

Once  accepted by school,  what status options does he have to get enrolled in the program?

 1a. Can he join program based on I-130 pending status

2.  Does he need to apply for F1 Cos? 

 

 

[pontevecchio]

What is his status now?

[pontevecchio]

Ignore my question.

He will need to continue studies in F1 status as F2B is backlogged and pending I-130 is not enough.

[JoeF]

A pending or approved I-130 does not give him any rights. On the contrary, it may prevent him from traveling out of the country and returning on the F1, because the F1 does not allow immigration intent, which the I-130 shows.

You should discuss this with a good immigration lawyer before doing anything.

 

Edited November 23, 2021 by JoeF

[JoeF]

To make things a bit clearer, since even Pontevecchio apparently was confused at first:

OPT is part of the F1, so his current status is F1, which wouldn't change if he gets admitted at a university for high-level studies.

However, people in graduate studies may be required to present scientific papers at conferences outside the US (I traveled abroad quite a bit to present papers when I was a graduate student), and that can cause problems with a pending or approved I-130. He may not be allowed back into the country on F1 because an I-130 shows immigration intent.

This should be discussed with an experienced immigration lawyer to minimize risks.