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HOW DOES A STUDENT ON US F1 VISA FALLING OUT OF STATUS AFFECTS VISA RENEWAL
FOR OTHER SIBLINGS ALSO ON STUDENT VISA
Anonymous2 views3 answers
I have 3 children in the US all on student visa in different schools. Unfortunately, one of them is not doing well academically and contemplating dropping out of school. He wants to work and get married to his lover ( A US citizen) and there may be some time when he will be out of status till he hopefully gets his papers straightened out.
I am just wondering if this will affect the visa renewal for his other two siblings who are doing very well in their academics. They need to leave the US and apply for F-1 visa renewal. On the visa application form, they always ask if you have someone in the US and I don't know if their brother being out of status and still in the US will affect their own visa renewal. Till now, they never have issues with the F-1 visa renewal process
Each of the student visas should be able to stand alone.
There are some nuances to student visas that would be too complex to explain (note that the student is usually allowed to remain for duration of stay). For your purposes, your son is likely to adjust status by marrying a us citizen (assuming it's a real marriage) and adjust status (file for green card in the US) even if he is out of status. Of course maintenance of status is important if he wants to change status to another non-immigrant visa. This is where the nuances come in.
These cases aren't exactly straight forward so I recommend your son retains competent counsel to guide him through the process.
Talk to one of the excellent immigration attorneys in Denver to double check, but I believe the visas ought to be independent of each other and there should not be an impact on the others.
