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schaturv

Impact on F1 non-immigrant student visa interview when GC for parents is under process

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I am a US citizen and plan to sponsor GC for my sister under the F4 category. I would be filing her I-130 but I-485 would be filed after 15-20 years when the Priority Date for F4 category for India becomes current.

I have two queries.

1. Would she be able to travel to USA using her B1 tourist visa (which is a non-immigrant visa) during this 15-20 year wait time?

2. If her son decides to apply for higher education in US universities, then would there be any impact on his F1 non-immigrant student visa approval, given that an I-130 was filed for her mother. Could he be denied a visa during his visa interview because the consular officer may see an intent to immigrate  ?

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Hi!

In general, you would opt for consular processing.

(1) With an immigrant petition pending, there could be additional scrutiny at the port of entry. If specifically questioned, it is important to be honest and transparent and clearly indicate that the immigrant option has a long wait and her intention on the current trip is just to visit the U.S. briefly.

(2) Your sister's son will be decided as a derivative beneficiary on the petition filed on her behalf. If a specific question related to immigrant visa comes up at the student visa interview, this could make it difficult to overcome the presumption of immigrant intent pursuant to INA 214(b) of the Immigration and Nationality Act.

 Given the complexity of the issue, it is best to discuss all options with a qualified immigration attorney prior to initiating the form I-130.

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