Can i apply for a student having a pending US residency?

[JYousuf 5]

I have a pending us immigration process going on. My sister applied for me on f4 category and my priority date 12th dec 2000.Since theres a retrogession going on we were not scheduled for aninterview nor we can surely say when will the date be current.On the other hand my son completed his 12th grade and unfortunately could not join the US universitys fall 2011 session..i want him to study in the us,so my Question is can he study in the usa on upcoming spring 2012 session on a f1 student visa? If yes, when our immigration interview is called,can he come back and switch to immigrant visa and return to usa again being a permanent resident ?

[Harsh_77 718]

Can he apply for F1 student visa – yes

Will CO grant him the F1 visa – NO

It will only be seen as your attempt to bypass the system and enter US before your priority date becomes current.

[JYousuf 5]

But his main purpose to go on a f1 visa now is just catch the session .Otherwise he would have to wait an unknown period of time until priority date becomes current . Is it sure that the CO will reject him a f1 visa? And do you know someone who was rejected in this situation

Thanks Harsh_77 for your reply

[canadian_wife 1,825]

You have immigrant intent, which is clear by the pending petition. A non-immigrant visa won't be issued to you if you are planning on immigrating. Harsh is right, you can apply (no harm in trying) but dont' expect them to simply turn over a visa to you.

You MUST prove that you intend to return to Bangladesh after your student visa expires, what do you have to prove that?

Good luck

[JYousuf 5]

Thanks canadian wife for your response but ill get my PR within the 4 year of student visa, most probably next year . My Pd is 12 th Dec 2000 ,and currently NVC is processing upto 8th March 2000. what do you suggest now? Im already 1 semster behind and if i cant catch the next semster ill be 1 year behind .So i dont think my PR will be approved do soon >What do you suggest @canadian wife?

Moreover, if anyhow i get rejected , will that affect my immigration process afterwards? Im worried becuase as far as i know , if someone get rejected he/she cannot stand for visa for the next 10 years

[canadian_wife 1,825]

Thanks canadian wife for your response but ill get my PR within the 4 year of student visa, most probably next year . My Pd is 12 th Dec 2000 ,and currently NVC is processing upto 8th March 2000. what do you suggest now? Im already 1 semster behind and if i cant catch the next semster ill be 1 year behind .So i dont think my PR will be approved do soon >What do you suggest @canadian wife?

Moreover, if anyhow i get rejected , will that affect my immigration process afterwards? Im worried becuase as far as i know , if someone get rejected he/she cannot stand for visa for the next 10 years

Incorrect, if your F-1 is denied, it will not have an impact on your immigrant visa

1 Semester behind what? You haven't started school in the US yet, how can you be behind?

You have received opinions and advice, you may still apply - there is no harm in applying

Good luck

[JYousuf 5]

! sesmester behind university , i have finished 12th grade . I want to study my college in USA .Anyways thanks a lot for your help

[Harsh_77 718]

! sesmester behind university , i have finished 12th grade . I want to study my college in USA .Anyways thanks a lot for your help

What you are saying is you will be behind your peers. So to continue to be with your peers it is recommended you continue your Univ studies in Bangladesh itself.

It was your choice to file for F4 and were looking to open a path for perm immigration to US.

That’s the down side of it the immigration process. As CW mentioned you have already expressed your intent to immigrate and getting F1 is close to impossible.

[sacarabi 0]

Hi,

I have quite a similar question. My husband wants to study here in the US. I still haven't filed for a family-based (immigrant) petition for him yet. Will he be given a student visa if I am the one who will finance his studies (wife)? And I actually want to file an immigrant petition for him too in the near future, will it invalidate his student visa if it has already been given to him?

Thanks!

[Harsh_77 718]

Hi,

I have quite a similar question. My husband wants to study here in the US. I still haven't filed for a family-based (immigrant) petition for him yet. Will he be given a student visa if I am the one who will finance his studies (wife)? And I actually want to file an immigrant petition for him too in the near future, will it invalidate his student visa if it has already been given to him?

Thanks!

On DS-160 you have to mention all your immediate relatives in US, so he will have to disclose he has wife in US who is USC (unless he is willing to lie and go with consequences)

With a USC wife chances of getting a non-immigrant visa are very slim, as it would be seen by a CO is that you are trying to avoid the immigration process and bypass the process.

[canadian_wife 1,825]

On DS-160 you have to mention all your immediate relatives in US, so he will have to disclose he has wife in US who is USC (unless he is willing to lie and go with consequences)

With a USC wife chances of getting a non-immigrant visa are very slim, as it would be seen by a CO is that you are trying to avoid the immigration process and bypass the process.

If you want your husband to come to the US why not petition for an immigrant visa for him? it is WAY cheaper to go to school as a PR than on an F1 student visa

good luck