F1 visa denied as there is pending F4 (sibling immigration) file.

[aindian310 53]

My cousin recently applied for a F1 (student visa) at Mumbai consulate in India and was denied. He said that interview was going well until CO asked him if he has ever applied for US visa to which he answered "Yes" as my mom has filed F4 visa for my uncle (F1 applicant's father) and this application was approved with USCIS in 2009 but case won't open at NVC till at least next 4 to 5 years. CO told him that since his father already has immigration file pending he sees him not returning back to India after his education as by that time F4 file will open up. 

 

My question is that is it possible for my mom to cancel F4 petition for her brother? If after that my cousin applies for F1 visa again would his chances improve of getting a visa? He can say that he has no pending immigration file at that time and show appropriate papers from USCIS. The reason I ask this is that my uncle is not interested in immigrating to US, he may apply for tourist visa some day but he doesn't want to settle in US but my cousin would like to complete his further education in states. 

 

Welcome your inputs! 

[Californiansunset 336]

6 minutes ago, aindian310 said:

My cousin recently applied for a F1 (student visa) at Mumbai consulate in India and was denied. He said that interview was going well until CO asked him if he has ever applied for US visa to which he answered "Yes" as my mom has filed F4 visa for my uncle (F1 applicant's father) and this application was approved with USCIS in 2009 but case won't open at NVC till at least next 4 to 5 years. CO told him that since his father already has immigration file pending he sees him not returning back to India after his education as by that time F4 file will open up. 

 

My question is that is it possible for my mom to cancel F4 petition for her brother? If after that my cousin applies for F1 visa again would his chances improve of getting a visa? He can say that he has no pending immigration file at that time and show appropriate papers from USCIS. The reason I ask this is that my uncle is not interested in immigrating to US, he may apply for tourist visa some day but he doesn't want to settle in US but my cousin would like to complete his further education in states. 

 

Welcome your inputs! 

Won't hurt trying but it's a 50/50 chance really. If they cancel the F4 visa for his father, it still shows that your cousin had immigration intent even if the legal pathway is gone. By going through the hassle and withdrawing your uncle's application after he's been waiting for so long, it does make your cousin (or his family) look like he's desperate to move to the U.S. Just a few thoughts how the CO might see this.  

[WeGuyGal 1,052]

Withdrawing the uncle's petition would not remove the F1 applicant's already-established immigrant intent. One pathway might go away, but if the cousin is granted an F1 visa, he's likely to go for an H1b/marrying a USC option etc. COs in India are aware of this MO, and the odds are slim. 

 

And with his application details and interview responses already in the system, the next CO reviewing the F1 petition is unlikely to overrule this CO's decision. 

[SusieQQQ 11,586]

58 minutes ago, WeGuyGal said:

Withdrawing the uncle's petition would not remove the F1 applicant's already-established immigrant intent. One pathway might go away, but if the cousin is granted an F1 visa, he's likely to go for an H1b/marrying a USC option etc. COs in India are aware of this MO, and the odds are slim. 

 

And with his application details and interview responses already in the system, the next CO reviewing the F1 petition is unlikely to overrule this CO's decision. 

Exactly, and the removal of the F4 might even raise concerns that the pathway will be illegal overstay rather than a legal route.

 

How old is your cousin?

 

[Boiler 45,486]

How do you work out the odds?

 

Why is it always 50/50?

[Coco8 1,042]

There are plenty of other countries to go study. I recommend studying somewhere else, and waiting for the F4. As others have mentioned, cancelling the F4 won't help the F1. Plus, the F1 was denied once and the situation is not going to change by simply cancelling the request of the F4.

[SusieQQQ 11,586]

1 hour ago, Coco8 said:

There are plenty of other countries to go study. I recommend studying somewhere else, and waiting for the F4. As others have mentioned, cancelling the F4 won't help the F1. Plus, the F1 was denied once and the situation is not going to change by simply cancelling the request of the F4.

The reason I asked the cousin’s age was that if the petition was filed in 2009 and the kid is already college going age, I’d think there’s a fairly high chance of him aging out? So waiting for the F4 probably won’t be an option anyway?

 

- but agree that the record of previous interview is in the system so cancelling it now unlikely to change a future outcome, especially if they get the idea kid is desperate to go ...”I made my aunt cancel my dad’s petition because I want an F1”....

Edited April 28, 2018 by SusieQQQ

[WeGuyGal 1,052]

15 hours ago, SusieQQQ said:

Exactly, and the removal of the F4 might even raise concerns that the pathway will be illegal overstay rather than a legal route.

 

How old is your cousin?

 

Unlikely to be illegal.. more of an F1 to OPT to H1b trend in Indian circles.  Majority do not return to India (requirement for F1). 

[SusieQQQ 11,586]

25 minutes ago, WeGuyGal said:

Unlikely to be illegal.. more of an F1 to OPT to H1b trend in Indian circles.  Majority do not return to India (requirement for F1). 

http://www.thehindu.com/news/international/over-30000-indians-overstayed-in-us-in-2016-report/article18529060.ece

 

Another article says over half a million illegal (undocumented) Indians in the US. It definitely happens, even if it’s not the usual route. I seem to recall it was also an issue with those visa mill universities? 

 

(Personally given how long a degree is i think it’s kinda silly to deny on the basis that the applicant might use a legal avenue to remain a few years later when they’ve graduated, if you don’t want them to do that then take away OPT or make them leave for a minimum time as requirement of the visa, etc.)

 

[WeGuyGal 1,052]

4 hours ago, SusieQQQ said:

http://www.thehindu.com/news/international/over-30000-indians-overstayed-in-us-in-2016-report/article18529060.ece

 

Another article says over half a million illegal (undocumented) Indians in the US. It definitely happens, even if it’s not the usual route. I seem to recall it was also an issue with those visa mill universities? 

 

(Personally given how long a degree is i think it’s kinda silly to deny on the basis that the applicant might use a legal avenue to remain a few years later when they’ve graduated, if you don’t want them to do that then take away OPT or make them leave for a minimum time as requirement of the visa, etc.)

 

Majority of that half a million figure is likely B2 overstayers.. and some visa mill unis (those 'students' find alternate avenues by underhandedly paying shady Indian consultancies for OPT/H1b sponsorships).

 

Change of status in quick succession among F1/H1b/H4 back and forths is very, very common in various forums and numerous facebook pages, frequented primarily by India nationals. 

[SusieQQQ 11,586]

47 minutes ago, WeGuyGal said:

Majority of that half a million figure is likely B2 overstayers.. and some visa mill unis (those 'students' find alternate avenues by underhandedly paying shady Indian consultancies for OPT/H1b sponsorships).

 

Change of status in quick succession among F1/H1b/H4 back and forths is very, very common in various forums and numerous facebook pages, frequented primarily by India nationals. 

And as long as the US provides a legal path for them to do this I imagine they’ll continue doing so....

[aindian310 53]

Thank you all for your opinions, it makes sense not to withdraw petition and like you said it would still stay on records even after withdrawing.