Applying for Student Visa While Applying for Permanent Residence

[soulprovider915 4]

I'm sure this has been asked before.

My wife will be a USC in a few months. After that we want her sister to come here so we will be bringing her mom up here first as a PR to cut on the wait time from soon to be USC wife's petition of sister. While she is waiting for the mom's petition for her, can she apply for a student visa? Can she be here on a student visa and be approved for PR status?

Thanks in Advance!!!!!

[amykathleen2005 441]

I would think it is pretty obvious that she wants to immigrate it would be hard to prove that she doesn't want to stay for the student visa.

[Boiler 45,767]

Yes and Yes

[bettermuscome 12]

it is possible. I possessed a valid visitors as well as student visa while I was filed for. It never became an issue

[soulprovider915 4]

Yes and Yes

Thank You!!!

it is possible. I possessed a valid visitors as well as student visa while I was filed for. It never became an issue

Thank You!!!

[amykathleen2005 441]

As they said it is possible theoretically, but the examples that were given were concerning non immigrant visas. Throwing in an immigrant process in there could change the equation.

[JoannaV 174]

It may be easier to obtain the student visa before she has a petition filed for her.

[Dakine10 5,452]

It may be easier to obtain the student visa before she has a petition filed for her.

Definitely true. Although it's possible, it becomes difficult to demonstrate non-immigrant intent (for the student visa) when an immigrant petition has already been filed.

[soulprovider915 4]

Definitely true. Although it's possible, it becomes difficult to demonstrate non-immigrant intent (for the student visa) when an immigrant petition has already been filed.

She just started her 11th Grade. I would hate to lose a year or more to wait for the student visa when we could start the process for residence. I also heard that student visa process is separate from the residence process and neither affect each other.

[Dakine10 5,452]

She just started her 11th Grade. I would hate to lose a year or more to wait for the student visa when we could start the process for residence. I also heard that student visa process is separate from the residence process and neither affect each other.

That's true in theory. But any time someone enters the USA on a non immigrant visa such as a student visa, they must be able to overcome what USCIS presumes is immigrant intent. As was said, it is not so easy in practice to convince USCIS that you don't have immigrant intent when you have an immigrant visa pending.

It can be done, and I do know one person who got a work visa with an I-130 pending, and several people on this forum have succeeded in getting visitors visa under the same circumstances. And others have been denied. I have no idea what makes one case more convincing that the next. I don't know what would be a foolproof way to go about it and to some extent, I think there may be some random luck involved.