Student visa while GC is in process

[MARGAN]

My Son's Immigration Visa (GC) is under Consular process and in final stages.  We will shortly be scheduling the interview.  Need clarity on the following situations :

(1) If we get admission in US univeristy before GC is issued, is there a risk in going to the consulate for interview?  What should we answer on our intent to immigrate

(2) if  GC is rejected and  can we apply for student visa after the rejection?  At this time what should be our answer in intent to immigrate

Thanks

[JoeF]

Why do you think the GC could be rejected?

And for the other questions, NEVER lie to immigration officials. Always state the truth. A lie could result in a lifelong ban.

 

[pontevecchio]

It may even be better to defer admission if possible to finish the IV interview.

[MARGAN]

Thank You.   Have every hope we will get the GC. Never an intention to lie.  Just wanted to know - If GC is not there, there is no intention that is current  at the time of student visa - so wanted to know what should be the correct answer.

 

[pontevecchio]

Intention to immigrate has already been shown by filing the Immigration Petition. If the GC is on hand the whole matter is moot. The State Department has a very limited role in an Immigration Petition in the absence of proven fraud. The role of the consulate is to finish the paperwork for things decided by USCIS.

[JoeF]

The question on non-immigration forms is if an immigrant petition has EVER been filed. The I-140 IS an immigrant petition. It does not matter if the I-140 or I-485 or CP got denied. The fact of FILING the I-140 shows immigration intent.