Any chance to get F1 Visa while an I-130 pending?

Question

Any chance to get F1 Visa while an I-130 pending?

Anonymous Nov 8, 2012 3 views 3 answers

Hello, I have a question about my brother's immigration case. My mother is a permanent resident who has filed and I-130 for my brother in january 2010. It's gonna take 5 more years for him to come here. So my question is that Is it ok to apply for F-1 visa while I-130 is pending? He is an engineer and going to get an admission for PHD from some of the top universities in the US. Is there any chance for him to get F1 visa? Or if not, is there any way for him to get here with any kinds of visa?

Alena ShautsovaImmigration AttorneyBrooklyn, NY · Accepted Answer · 2026-06-15T10:40:35+00:00

Very unlikely: one of the requirements of getting an F-1 visa is to show that your brother does not have an immigrant intent. I-130 is actually showing that he does have it. Maybe, you should see if there are other options, like duel intent visas.

Veronica TunitskyImmigration AttorneyHouston, TX · Accepted Answer · 2026-06-15T10:40:35+00:00

Veronica TunitskyImmigration AttorneyHouston, TX

Veronica TunitskyImmigration AttorneyHouston, TX · Jun 15, 2026

I agree. The immigrant intent issue would be a problem.

0 upvotes

Carl Michael ShustermanImmigration AttorneyLos Angeles, CA · Accepted Answer · 2026-06-15T10:40:35+00:00

It is unlikely that he will get an F-1 visa for the reasons stated by my colleagues. However, if he obtains a professional job offer in the US, he could enter the US in 2013 to work. He could also attend school on the side.

Any chance to get F1 Visa while an I-130 pending?

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