Will F1 visa application be rejected if parents hold green-card

[akshit83]

Hello All,

I am from India and currently, I am pursuing MSc in Netherlands since past 2 yrs. This fall I will be joining Stanford University to pursue PhD with full financial support from the university.

Now problem is, my parents and my brother hold green card. My parents are currently in India and my brother resides in the US. I will be appearing for F1 (student visa) interview somewhere in month of April. I have following doubts and I will be thankful to you if you can clarify them:

1) As my parents already have a green-card, will my application for F1 visa be rejected right away? I do not plan intend to stay in US after my PhD. How can I prove this?

2) What documents can be shown as evidence that I will return back to India?

3) Can I appear for F1 Visa Interview in US consulate in Amsterdam, Netherlands or I will be obliged to give it from India?

Your inputs will be very decisive for me. And I will be grateful to you for the same.

Thank you,

Regards,

Akshit

[JoeF]

If your parents don't live in the US, they may have abandoned their GCs.

In general, having relatives in the US shouldn't matter that much, in particular not when going to a top university like Stanford.

But you can't hide things.

[Guest Noah Lotte]

have your parents filed an immigrant visa petition on your behalf?

[catx]

Let me qualify my post by saying that the following is no guarantee whatsoever.

First, assuming your are over 21, you are considered separate from your parents (and brother) so their U.S. immigration status should not (theoretically) apply. That being said, demonstrating that you do not have immigrant intent is an affirmative action. That is, the presumption is that you have immigrant intent, and you have to demonstrate that you do not through sufficient, on-going ties to your home country. Such evidence typically consists of a residence in your home country you will go back to and bank account(s) and any other financial ties in your home country. It will also help if you can also show that your degree is for a job in your home country, or at least needed for a specific career choice.

[akshit83]

If your parents don't live in the US, they may have abandoned their GCs.

In general, having relatives in the US shouldn't matter that much, in particular not when going to a top university like Stanford.

But you can't hide things.

Hi JoeF,

I do not want to hide any information. I just feel very upset with the thought that I worked my heart-out to get into Stanford and then find F1 getting rejected just because my parents have green card. By the way my parents have been in US just once and that was like 6 months ago.

Please accept my heart-felt gratitude for rejuvenating a hope that it might be possible for me to pursue PhD.

Thanks a lot for your response,

Regards,

Akshit

[akshit83]

Let me qualify my post by saying that the following is no guarantee whatsoever.

First, assuming your are over 21, you are considered separate from your parents (and brother) so their U.S. immigration status should not (theoretically) apply. That being said, demonstrating that you do not have immigrant intent is an affirmative action. That is, the presumption is that you have immigrant intent, and you have to demonstrate that you do not through sufficient, on-going ties to your home country. Such evidence typically consists of a residence in your home country you will go back to and bank account(s) and any other financial ties in your home country. It will also help if you can also show that your degree is for a job in your home country, or at least needed for a specific career choice.

Hi Catx,

As I am going for PhD, I have already finished BS+MS studies which conventionally takes more than 21 years. I will closely follow your suggestions. I do have some idea on how to demonstrate my non-immigrant intent and home ties. But just to be safe I will try to get legal advice from Murthy's too.

Thanks for an honest and frank opinion.

Regards,

Akshit

[akshit83]

have your parents filed an immigrant visa petition on your behalf?

No my parents did not file an immigration petition.

[t75]

Lots of people work their heart out and do not get to pursue their dream. Quit whining. Have a plan B.

[Guest Noah Lotte]

I seriously doubt you will encounter any difficulties getting the visa...as Joe said, being accepted at Stanford strongly implies one is a serious student, not somebody solely interested in getting a student visa from one of those famous visa mills, just so the 'student' can take a few online classes and go work at some doughnut store or motel....

[akshit83]

Lots of people work their heart out and do not get to pursue their dream. Quit whining. Have a plan B.

There is no plan B. With valuable suggestions from this forum (and few others) I am preparing a quiver of head-on responses to VISA counselors question. I just need ideas from experts on how should I present myself and provide persuasive arguments. Something like post from catx and Noah.

By the way quitters make plan B and I ain't one.

[akshit83]

I seriously doubt you will encounter any difficulties getting the visa...as Joe said, being accepted at Stanford strongly implies one is a serious student, not somebody solely interested in getting a student visa from one of those famous visa mills, just so the 'student' can take a few online classes and go work at some doughnut store or motel....

Thanks Noah for point it out! If circumstances demand this would be a valid and a decent argument to make during the visa interview.

[rahul412]

By the way quitters make plan B and I ain't one.

well said..!!!!

[nineballs]

Lots of people work their heart out and do not get to pursue their dream. Quit whining. Have a plan B.

Why don't you stop criticizing? Admission to Stanford PhD program implies that he is no quitter.

Best of luck Akshit. I'm quite sure that you will make it easier than you imagine. People at the US consulate are very sincere and fair enough to approve the Visa for talented people like you.

[akshit83]

Why don't you stop criticizing? Admission to Stanford PhD program implies that he is no quitter.

Best of luck Akshit. I'm quite sure that you will make it easier than you imagine. People at the US consulate are very sincere and fair enough to approve the Visa for talented people like you.

Thanks !!! I am keeping finger crossed :)

[t75]

US visa officials are required to follow US laws no matter how talented the applicant.