Tourist Visa For F1

[Vegas1 3]

Recently my wife because a citizen of the USA and her son's status was upgraded to F1 status. We tried to get a visa for him to visit and to go to school when his status was F2B but both visas were disapproved. Would it be easier to get a visa approved now the he has a F1 status?

[Noah Lot 391]

Recently my wife because a citizen of the USA and her son's status was upgraded to F1 status. We tried to get a visa for him to visit and to go to school when his status was F2B but both visas were disapproved. Would it be easier to get a visa approved now the he has a F1 status?

No, because there is zero chance he will depart the US after completing his studies, which is obvious by the immigrant visa petition that is pending.

[Harsh_77 718]

No, because there is zero chance he will depart the US after completing his studies, which is obvious by the immigrant visa petition that is pending.

+1

For immigration this is just another attempt to circumvent the waiting period.

[Vegas1 3]

It's very strange that my government (USA) wouldn't allow a person to come for a visit or to start their education when they are child of a citizen and they will be here eventually. I mean why would someone jeopardize their permanent visa by coming to this country and not returning ... that would be totally idiotic if someone did this and doesn't deserve to be in this country if they did.

[jaycali 415]

It's very strange that my government (USA) wouldn't allow a person to come for a visit or to start their education when they are child of a citizen and they will be here eventually. I mean why would someone jeopardize their permanent visa by coming to this country and not returning ... that would be totally idiotic if someone did this and doesn't deserve to be in this country if they did.

That's how US immigration law works. The CO interviewing him for a student visa, has to by law refuse a visa to anyone they believe might not want to return after ending their studies. In your case, it will be near impossible to convince the CO that he plans to go back to Moldova after finishing his studies.

It's not necessarily that they think he'll stay illegally. Intending to adjust status is still considered staying.

Edited June 14, 2012 by jaejayC

[Noah Lot 391]

It's very strange that my government (USA) wouldn't allow a person to come for a visit or to start their education when they are child of a citizen and they will be here eventually. I mean why would someone jeopardize their permanent visa by coming to this country and not returning ... that would be totally idiotic if someone did this and doesn't deserve to be in this country if they did.

The requirements for obtaining a student and/or tourist visa are that the applicant must convince the VO that he or she will depart the US after their studies or visiting...one cannot use a student visa to 'jump the queue' to begin their lives in the US while waiting for an immigrant petition to become current. That is the law....period. It is not a matter of remaining illegally...the law states that every applicant seeking certain nonimmigrant visas (tourist and student are the most common) are PRESUMED TO COMING TO THE US TO REMAIN PERMANENTLY AND ARE THEREFORE INELIGIBLE TO RECEIVE SAID VISA UNTIL THEY CONVINCE A CONSULAR OFFICER OTHERWISE. Notice that the law does not have some sort of 'special exemption' for those who believe that the above law should not apply to them. The F1 immigrant visa petition would be current within about 3 years, so, that's when he can come and study....or visit.

What would he tell a VO (with a straight face) are the overwhelming reasons he would leave the US after college instead of staying put with his close family?? Can't imagine what those reasons would be (and no, a promise for some job in the future is not believable nor binding, nor is having $X in a bank account or a lease on some apartment)

Edited June 14, 2012 by Noah Lot

[Harsh_77 718]

It's very strange that my government (USA) wouldn't allow a person to come for a visit or to start their education when they are child of a citizen and they will be here eventually. I mean why would someone jeopardize their permanent visa by coming to this country and not returning ... that would be totally idiotic if someone did this and doesn't deserve to be in this country if they did.

First.. if we go by your logic of person is going to get visa anyways let them in as and when they please than there would be unmanagable flow of ppl.

Second there are lot of ppl who do this they would enter and before entering they have no thougths about adjusting their status once in country, but as soon as they are out of the airport their thoughts change and they dont want to go back.

Third there is no jeopardizing of ones perm visa by doing AOS, hence lot of ppl do it and is the reason why CO would not be satisfied of him really wanting to be student.

[Vegas1 3]

The F1 immigrant visa petition would be current within about 3 years, so, that's when he can come and study....or visit.

I was recently told that is takes about 6.5 years for a F1 visa, not 3 as you state. Which is correct? He has already waited 3.5 years in a F2B status. Does any of this time count toward a F1 visa?

[Noah Lot 391]

The current State Dept bulletin shows a wait time of about 7 years; but his 3.5 years already counts towards that since his PD is somewhere around mid 2008 or so, correct? The July bulletin indicates a PD date of early July 2005 as current. So just subtract his filing date from July 2005 to get the total remaining time, which, according to what you wrote, is about 3+ years to go (just as I suggested)

[Boiler 45,524]

Visit or go to School, they are different visa's.

Which one did he go for, or both?

[Vegas1 3]

Visit or go to School, they are different visa's.

Which one did he go for, or both?

We tried for both.

[jaycali 415]

We tried for both.

Unfortunately, a non-immigrant visa is nearly impossible to get with an immigrant petition pending. Having an immigrant petition pending shows he plans to immigrate at some point, whereas to get a non-immigrant visa you need to show that you don't intend to immigrate. Anyone who applies for a visa is always, by law, presumed guilty until proven innocent. I know it's frustrating, but that's how US immigration law works.

Edited June 15, 2012 by jaejayC

[Boiler 45,524]

I have seen Student Visa's given in similar situations.

International Student Rates are not cheap, but I would say if you can afford it then the odds are usually pretty good.

[Noah Lot 391]

I have seen Student Visa's given in similar situations.

International Student Rates are not cheap, but I would say if you can afford it then the odds are usually pretty good.

the same section of law (214b) applies to student visas...and with his immigrant visa pending, there is no way he will be able to convince the VO that he will return to his country at the conclusion of his studies. It does not matter what school he applies to, or scholarships or anything...the main issue for him is overcoming immigrant intent...since his petition will be valid within about 3 years, approximately matching his graduation date, why would anyone believe he would be the only foreign student on the planet to turn down an immigrant visa and go back to some developing country, away from his close family members?

[Boiler 45,524]

They are often given.