Suggestion about Form I-130

[Zayaan Ahmed 0]

I am thinking to move to USA on student visa. My parents recently got their US citizenship and they want to apply for my immigration. I am 24 years old and unmarried which means my process will take 6 to 8 years. What if I go to USA on student visa and then my parents submit my Form I-130 means country will be USA on form. Or if my parent should submit the form I-130 while i am in pakistan then i go to USA on student visa. Will it affect the processing time if they apply when i am already in USA ?  

[Just Paul 4,595]

Entering the US with the intent to adjust is Visa fraud.   Plus it is very hard for military aged Pakistani males to get a student visa or any other visa to the US.

Edited July 22, 2020 by Paul & Mary

[Zayaan Ahmed 0]

3 minutes ago, Paul & Mary said:

Entering the US with the intent to adjust is Visa fraud.

Why it is fraud? Going on Student Visa before immigration ?

[Just Paul 4,595]

1 minute ago, Zayaan Ahmed said:

Why it is fraud? Going on Student Visa before immigration ?

If you intend to go to the US as a student and then have a petition filed for you and adjust - that is obtaining the student visa under false pretenses.   This is the same if you have a B or other non immigrant visa.

 

[portorusa 431]

7 minutes ago, Paul & Mary said:

Entering the US with the intent to adjust is Visa fraud.   Plus it is very hard for military aged Pakistani males to get a student visa or any other visa to the US.

Is submitting I-130 considered to be AOS? I thought that I-485 is but not I-130.

In general, I think OP can come as a student (provided he can get a student visa) but he cannot AOS (even with an approved I-130) until his immigrant visa number becomes available.

[Zayaan Ahmed 0]

3 minutes ago, portorusa said:

Is submitting I-130 considered to be AOS? I thought that I-485 is but not I-130.

In general, I think OP can come as a student (provided he can get a student visa) but he cannot AOS (even with an approved I-130) until his immigrant visa number becomes available.

What is OP means?

Edited July 22, 2020 by Zayaan Ahmed

[Crazy Cat 42,328]

3 minutes ago, Zayaan Ahmed said:

 

One requirement of getting an F-1 visa is that you must return to your country after your education.  You cannot enter the US via an F-1 visa with the intent to remain in the US and live.

Edited July 22, 2020 by Lucky Cat

[Just Paul 4,595]

1 minute ago, Zayaan Ahmed said:

What is OP means?

OP = you - original poster.  

 

Yes you can come to the US as a student or on another visa.  The consulate will have to determine your ties back to home and whether you may overstay.  This can be a very large uphill battle to overcome from Pakistan where young males are often in administrative processing from 1 to 3 even on immigrant visas.

 

 

[Zayaan Ahmed 0]

1 minute ago, Lucky Cat said:

One requirement of getting an F-1 visa is that you must return to your country after your education.  You cannot enter the US via an F-1 visa with the intent to remain in the US and live.

Yes I know in 60 days after completing education. I was just asking about the time period.

[Just Paul 4,595]

7 minutes ago, portorusa said:

he cannot AOS (even with an approved I-130) until his immigrant visa number becomes available

Correct - but unfortunately the odds are against him obtaining a non immigrant visa due to the internal record keeping issues in Pakistan.

 

8 minutes ago, portorusa said:

Is submitting I-130 considered to be AOS? I thought that I-485 is but not I-130.

If he were younger and entered on a F1 student visa his parents could file an I-130 and I-485 together or at his age the I-485 if the visa number was avilable.

[Crazy Cat 42,328]

Just now, Zayaan Ahmed said:

Yes I know in 60 days after completing education. I was just asking about the time period.

You have multiple threads which ask about you immigrating and also entering the US via an F-1 student visa.........You cannot enter the US on a student visa with the intention to stay in the US.

[Orangesapples 1,954]

22 hours ago, Paul & Mary said:

Entering the US with the intent to adjust is Visa fraud.   Plus it is very hard for military aged Pakistani males to get a student visa or any other visa to the US.

I'm pretty sure AOS is not possible for adult children of US citizens. 

[SusieQQQ 11,587]

9 minutes ago, Orangesapples said:

I'm pretty sure AOS is not possible for adult children of US citizens. 

Sure it is if their priority date is current. Entering on and extending an F1 to wait for the PD to be current has definitely been done before.

[Crazy Cat 42,328]

7 minutes ago, SusieQQQ said:

Sure it is if their priority date is current. Entering on and extending an F1 to wait for the PD to be current has definitely been done before.

But entering with that intent is fraud, is it not?

[SusieQQQ 11,587]

3 minutes ago, Lucky Cat said:

But entering with that intent is fraud, is it not?

Of course, I was just answering the statement that adult children cannot adjust. They can. I guess intent is hard to prove 6 years later;  of course there are also many reports of student visas being refused for people in this kind of circumstance too for exactly that reason.