If I have green card and my wife applied for an I-130 when she was a student last year, now she is in OPT for 3 months and wanted to go back to school so can she apply for an I-20 again?

Asked on May 1, 2017 under Immigration Law, Washington


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You petitioned for your wife while she was a student and the priority date is not yet current, is that correct?  It is not really advisable for her to apply for her I-20 since she is not any longer a nonimmigrant because the I-130 shows immigrant intent. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.