My brother applied for student visa while his i-130 still pending. will there be any problem with f-1 visa approval?

Immigration 2 views 3 answers
My brother got his i-20 from university and wants to do his masters. but the problem is we have applied him for i-130 ..and its still pending. does he have any problem with the visa interview? will he be approved?

Attorney Answers

3
J Ferrari ·
Yes, the I-130 can be an issue.
0 upvotes
Anu Gupta ·
Generally F1 students need to prove non-immigrant intent. This means if a green card is pending, the F1 should not be issued. In reality though, the consulate will issue the F1 is there is a compelling reason- admission to a top notch university, applicant's academic record, other family reasons being a few.
0 upvotes
Kyndra Mulder ·
Yes. If he has an I-130 pending he may be denied the student visa. The I-130 shows that he has immigrant intent. The F visa is supposed to be for persons with non immigrant intent. This is called duel intent.
0 upvotes

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