Applying for F1 visa having obtained a Visitor Visa with Green Card application pending

Immigration 5 views 3 answers
Hi , I have a 5 year visitor visa for the United States valid till year 2016. My parents who are permanent residents have sponsored for a Green Card expected to take 7 to 10 years before I could immigrate to US. I recently applied for my Phd in Management Science and have been offered admission by an Ivy League University in the United States. Is it possible to obtain a F1 visa considering I already have a Visitor Visa and a pending i-130. Thanks Saad

Attorney Answers

3
Dean P MurrayImmigration AttorneyHoboken, NJ ·
You should discuss this matter with an immigration lawyer. An F-1 visa requires non-immigrant intent. It is not a dual intent visa even though the Department of State knows that many F-1 students will remain in the U.S. once they have completed their course of study. Furthermore, if your parents are living here and have petitioned for you as their relative, it may be challenging for you to meet your burden of demonstrating non-immigrant intent. It will be worth meeting with a lawyer.
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Harry AsatrianImmigration AttorneyParamus, NJNY licensed ·
It is possible however you still have to show you have an intention to return to your home Country. Being the beneficiary of an i-130 petition doesn't necessarily declare your intent to immigrate into the United States since it is only the first part of an application filed by someone other than yourself. So assuming that you can show A reasonable consular officer that you have the intention to return back to your home country you should not have an issue obtaining your F-1 visa. I hope this is helpful to you and good luck!!
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Angela Moore ·
Bottomline is this: Can you demonstrate to the satisfaction of the interviewing office that you have the intention of returning to your coutry at the end of your study and waiting for your priority date on the I-130 to become current before moving permanently to the US? If the answer is yes then you stand a high chance, if not then your F1 visa pplication will most likely be denied. If you are not sure of how you can meet your burden of proving that you have nonimmigrant intent, then you should talk to an immigration attorney. Congrats on your admission!
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