Student Visa?

[Eddymvp 11]

Not sure if this post belong here. I couldn't find the right forum. Mods please feel free to move it to the right location.

Anyways. My Mom is a LPR and I'm a US-Citizen. She has been in this country for a year and a half and she is petitioning for her 19 Years old daughter. That petition can take about 5-7 years. My sister is living in the Dominican Republic and he is doing a 2nd year in the university and her average grade is a B.

I'm thinking of paying for the school for her to come to the United States and study english. This school is really expensive and it will costs me about $8,500 dollars for 32 weeks. I have no problem paying that amount as long as she gets approved for her visa and learn English.

My concern is the US consular at the Dominican Republic approving her visa. Do you guys think she would get approved?

[Eddymvp 11]

Not sure if this post belong here. I couldn't find the right forum. Mods please feel free to move it to the right location.

Anyways. My Mom is a LPR and I'm a US-Citizen. She has been in this country for a year and a half and she is petitioning for her 19 Years old daughter. That petition can take about 5-7 years. My sister is living in the Dominican Republic and he is doing a 2nd year in the university and her average grade is a B.

I'm thinking of paying for the school for her to come to the United States and study english. This school is really expensive and it will costs me about $8,500 dollars for 32 weeks. I have no problem paying that amount as long as she gets approved for her visa and learn English.

My concern is the US consular at the Dominican Republic approving her visa. Do you guys think she would get approved?

Does anyone know where I can get information about the student visa?

[canadian_wife 1,818]

http://travel.state.gov/visa/temp/types/types_1268.html

Check out that link. First think is she'll have to apply for and be accepted into SEVP school.

Good luck.

[Eddymvp 11]

http://travel.state.gov/visa/temp/types/types_1268.html

Check out that link. First think is she'll have to apply for and be accepted into SEVP school.

Good luck.

She already applied and was accepted into a SEVP school. I'm waiting for them to send me the form I20 to make the appointment with the Dominican Republic embassy.

[canadian_wife 1,818]

Then she'll have to overcome the fact she is applying for a non-immigratn visa when clearly, with the pending petition from your mother, she has every intention of immigrating to the US.

I suggest you start gathering STRONG ties to her home country to show that she intends to return once her student visa is finished

Good luck.

[Eddymvp 11]

Then she'll have to overcome the fact she is applying for a non-immigratn visa when clearly, with the pending petition from your mother, she has every intention of immigrating to the US.

I suggest you start gathering STRONG ties to her home country to show that she intends to return once her student visa is finished

Good luck.

Isn't the petitoning from my mom a STRONG ties, because if she stays she would violate the immigration law and have her pertition being refused. We don't want her to be ilegal in the country.

[canadian_wife 1,818]

No, her petition works against her as it shows she intends to immigrate to the US. The student visa is a non-immigrant visa where, during the interview, you'll need to show that she DOESN'T intend to immigrate to the US. The petition shows the opposite.

USCIS and USEMs are used to people using any means necessary to violate the laws to move to the US. It is up to the beneficiary to show otherwise.

[Eddymvp 11]

No, her petition works against her as it shows she intends to immigrate to the US. The student visa is a non-immigrant visa where, during the interview, you'll need to show that she DOESN'T intend to immigrate to the US. The petition shows the opposite.

USCIS and USEMs are used to people using any means necessary to violate the laws to move to the US. It is up to the beneficiary to show otherwise.

Does that mean that her application most likely will be refused?

The purpose of the visa is to have her learn proper English in here, so when she graduates in the dominican republic, she won't have any problem being accepted into a law school in here.

[canadian_wife 1,818]

Since I am not a consular officer ni Domincan Republic I have no idea if she is 'likely' to be refused. If you have strong ties to her home country then she should apply - no one can guarentee acceptance or refusal.

I'm just trying to help you and trying to let you know the process. I was in the US for 3 years on a student visa. I was asked to show 'intent' when I got my F-1 (as in my intentions to return to Canada)

Good luck

[redglasses 1]

Non-immigrant visas including student visas like F-1 and J-1 are issued on the assumption that applicants will not immigrate to the US. They have to show the intention of coming back to their home country once the education in the US is done. Like Canadian wife said, even the sole reason for studying in the US is improvement of her English skills, there is the fact that your mother already filed the immigrant petition for her and it might look to the consular that she has intention to immigrate to the US. I am not sure if the visa application will be refused, but you need to know there is a high risk.

[Eddymvp 11]

Non-immigrant visas including student visas like F-1 and J-1 are issued on the assumption that applicants will not immigrate to the US. They have to show the intention of coming back to their home country once the education in the US is done. Like Canadian wife said, even the sole reason for studying in the US is improvement of her English skills, there is the fact that your mother already filed the immigrant petition for her and it might look to the consular that she has intention to immigrate to the US. I am not sure if the visa application will be refused, but you need to know there is a high risk.

I have already tried two times to get her into a Visitor Visa and it was refused because she didn't have strong ties to return to her home country.

She was refused on July, 2006 and November, 2008.

Since my mom is not a US Citizens and the petition is going to take around 5-6 years. My plan was to get her on a student visa, have heard learn English and then she can take the TOEF test. If she passed then she can apply to a Community College and keep her student visa active as long as she is a student.

[redglasses 1]

Whatever your plan is, the chance of having F-1 visa granted would be tough unless she provides very strong ties to the home country, especially when she has already denied for the visitor visa twice. Good luck.

[Eddymvp 11]

Whatever your plan is, the chance of having F-1 visa granted would be tough unless she provides very strong ties to the home country, especially when she has already denied for the visitor visa twice. Good luck.

How can we demostrate strong ties?

She is 19 years old and her father still lives there.

[canadian_wife 1,818]

The critera is pretty standard. It includes:

A primary residence to return to (living with parents isn't considered strong, you'll want to focus on property ownership or lease agreement)

Job offer upon completion of studies

Enrollment in school to begin after studies have been completed (IE learning English in America to study international relations at home country)

Sufficient bank account or assets in home country

Strong family ties in home country

Take a look at the following link, specifically the 'strong ties' section, to figure out what you need. What makes her case particularly troublesome is 2 visa denials, a pending immigration application, and now a student visa? She looks awfully eager to go to the US.

http://travel.state.gov/visa/frvi/denials/denials_1361.html

[Eddymvp 11]

The critera is pretty standard. It includes:

A primary residence to return to (living with parents isn't considered strong, you'll want to focus on property ownership or lease agreement)

Job offer upon completion of studies

Enrollment in school to begin after studies have been completed (IE learning English in America to study international relations at home country)

Sufficient bank account or assets in home country

Strong family ties in home country

Take a look at the following link, specifically the 'strong ties' section, to figure out what you need. What makes her case particularly troublesome is 2 visa denials, a pending immigration application, and now a student visa? She looks awfully eager to go to the US.

http://travel.state.gov/visa/frvi/denials/denials_1361.html

Thanks for the information canadian_wife. I'm pulling my hair out trying to find strong ties that will convince the consular to approved the visa.

The only thing I can think of is that my mom has a house and a little land in the dominican republic. I wonder if we put the house under her name if it will make it a strong tie for her to come back to her home country.