f4 VISA related query

[RKS 0]

Can i apply F1 student visa in the U.S while my immigrant f4 visa (where everything including visa interview medical finger prints was completed)is retrogressed?

Also I come under CSPA which means in 3 years I wont be considered for CSPA as well.

Is it I can hire any lawyer and get VISA? as my parents already received VISA only when I went to collect VISA i was given letter saying my priority date has moved back.

I am really in a great mess need advise!!

[aleful 1,905]

hi

you can apply but you most likely be denied since you have immigrant intent to stay in the US. there is a visa on your behalf, so you won't be returning to your country after your studies have concluded,

a lawyer can't do anything, you just have to wait until the priority date becomes current again

[Penguin_ie 5,997]

Agreed. If you have the money to study without working, and apply for the F1, it is worth a shot, but your chances are slim.

[jan22 3,064]

You can, of course, apply. BUT, the visa officer will see how weak your ties are to India and how strong your intent is to immigrate -- having completed all of the IV process that you can and now desparately wanting to join your family in the US -- and you will be denied for not overcoming the presumption of intending immigration. I, personally, wouldn't waste the time and money applying to schools in the US, getting the I-20, and paying the visa application fee...

Sounds like you still have 3 years before you age-out under CSPA. Keep in contact with the Embassy/Consulate at least once a year to keep your application active, and maybe the retrogression will advance enough for you to still qualify.

Edited July 3, 2016 by jan22