Brenham, TX Immigration Law Firms & Lawyers

You are correct about the over 30 months. You don't have to file income taxes if you have not worked. You might have to prove you have been living in the US if the officer has doubts.

Yes. As a green card holder, you have to inform USCIS of your change of address within 10 days of moving. You can fill out and send in a form AR-11 to USCIS, or you can submit the information online at the following link: https://egov.uscis.gov/coa/displayCOAForm.do.

If your niece files for a student visa, it will not affect your I-130 for her. However, the existence of a filed I-130 is likely to result in denial of your niece's F-1 visa application. Every applicant for a non-immigrant visa must prove, to satisfaction of the U.S. consul, that she has no immigrant intent, which means that she does not intend to take residence in the U.S. and intends to return to her homeland after her stay in the U.S. If the applicant cannot prove this, her visa must be denied. Proving absence of immigrant intent is seldom easy; in your niece's case, it is exceedingly difficult because the I-130 petition you filed shows conclusively that your niece does, in fact, have the intent to take residence in the U.S. So, unless your niece can show to the U.S. consul that she has some circumstances that would compel her to return to her country after the course of study in the U.S. and wait at home for her immigrant visa, filing for F-1 is going to be a waste of time and money.