Would a new F-1 application be denied under 214(b) if I leave the U.S.?

[ravery 0]

I've been in the U.S. for approximately 10 years on three different visas (A-2, F-2, and F-1). My OPT will be expiring soon and I'll have to return to my home country. My mother has her green card, my brother is a U.S. citizen, and we plan to apply for my father's green card soon.

If I apply for a new visa for a US master's program while I'm in my home country, would the USCIS deny my application because my visa history and family background indicates that I have "intentions to immigrate" based on the Immigration and Nationality Act? Would they grant me the visa if I apply before my OPT expires?

[rockris 0]

I've been in the U.S. for approximately 10 years on three different visas (A-2, F-2, and F-1). My OPT will be expiring soon and I'll have to return to my home country. My mother has her green card, my brother is a U.S. citizen, and we plan to apply for my father's green card soon.

If I apply for a new visa for a US master's program while I'm in my home country, would the USCIS deny my application because my visa history and family background indicates that I have "intentions to immigrate" based on the Immigration and Nationality Act? Would they grant me the visa if I apply before my OPT expires?

I am not an expert but, being your brother a citizen, why don't you apply for a greencard based on family reunification?.

[Boiler 45,887]

And wait 12 years.

The Consulate will look at the totality of the situation.

[aaron2020 11,651]

I am not an expert but, being your brother a citizen, why don't you apply for a greencard based on family reunification?.

Probably because it takes 12 years for a US citizen to petition for a sibling. After her brother files the I-130, it would be 12 years before she can qualify for a green card.