can derivative beneficiary apply for student visa?

[amethio 0]

I am planning to file I-130 for my brother (F4 category). Can his daughters ( derivative beneficiaries) apply for student visas to the US?

[Ian H. 207]

They can apply for student visas. They have to qualify for the visa and have to prove ties to their country as well as financial ability to be in the US while they are going to school. Having a pending petition wouldn't affect their visa if they are otherwise eligible. Here is a link with info about student visas:

http://travel.state.gov/content/visas/english/study-exchange/student.html

[amethio 0]

Thanks Ian. I asked this question because I-130 has immigrant intent but student visa is non immigrant visa.

[Ian H. 207]

A pending petition doesn't automatically mean immigrant intent. If it did, then plenty of spouses wouldn't be able to visit with tourist visas or VWP. It all has to do with the ties to their country, if they can prove to the satisfaction of the consul that they have sufficient reasons to return home. Simply having an uncle who petitioned their dad doesn't affect in the way that if they had both of their parents, siblings, etc all here.

[Ian H. 207]

It never hurts to apply all you can really lose is the $160 application fee each. They should just be as prepared as they can with financial documentation and other ties to their country. They take into account factors like family, property, bank accounts, etc. I don't know how old they are, but if they are minors I assume the process should be less burdensome. Hopefully, someone with experience on student visas for minors can chime in.