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Can I get an F-1 visa if my I-130 petition is pending?

Immigration 2 views 2 answers
My parents, who are legal permanent residents of the US, filed the I-130 for me in May 2014. I fall under the F2B category and have (more than) several years before I get my immigrant visa. I have been admitted to a couple of graduate schools in the US (for the next fall term). It seems that a non-immigrant intent is absolutely necessary to get an F-1 visa. But, I cannot (and should not) try to prove non-intent because of my I-130 pending. How am I supposed to get the F-1 then, given that dual intent isn't applicable to F-class visas?

Attorney Answers

2
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
You can always apply, but your chances to get an F-1 approved are slim to none, owing to your pending I-130. Even if your parent "withdrew" it now it wouldn't help any. The damage has already been done as far as enabling you to obtain any non-immigrant visas, with the sole exception of H-1B. The US government, through its State Dept. & US consulate in your home country is of the opinion that an individual on whose behalf an I-130 immigrant petition has been filed is not eligible for an F-1 visa.
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