info1 Posted July 12, 2015 Report Posted July 12, 2015 My son is 19 years and is currently studying undergrad course in India. He has another two years before he can complete his undergrad course. He will be applying for H4 visa soon and I would like to know if he can continue to study in India while he is on H4 visa. Thanks for your clarifications.
jairichi Posted July 12, 2015 Report Posted July 12, 2015 In India your son is no longer on any status with regards to US immigration.
JoeF Posted July 12, 2015 Report Posted July 12, 2015 If he is outside the US he is by definition not in any status. If he needs two years to finish, he would be 21, and at that time he would have aged out, and wouldn't be able to get or use any H4 visa.
info1 Posted July 17, 2015 Author Report Posted July 17, 2015 Thank you JoeF. Since he is 19 years and has two more years of studies left to pursue in India, what is the right way for me to apply for green card process for him. I am currently waiting for my eb3 to become current to apply for I-485 and other AOS etc. Is it better if I get H4 for my son or there is no need for it? Once we get the approvals, I will be applying for re entry permit for him while he continues his studies in India. Thanks again.
JoeF Posted July 17, 2015 Report Posted July 17, 2015 You need to discuss your situation with a good immigration lawyer. The rules for children who age out can be a bit complex.
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