Chances of F-1 visa being rejected

[Maseko20349 0]

Hello. I'm 27M and single. Next year I'm planning to go to the US for a PhD in Computer Science in a top school.

Funding would be through the university since I'd be working as a Teaching Assistant for the first year.

I'm afraid that my student visa could be denied because of the following:

 

1) My father is a naturalized US citizen who has been living and working in the US for more than 10 years.

2) 12 years ago, when I was a child, my father filled a I130 on my behalf. It was approved but I didn't go to the US because I preferred to stay in my country.

3) I applied for a tourist visa twice last year. In both cases, to attend an academic conference.

The first time the consular officer asked me to show him my US resident card (which was absurd because I'd never been on US soil).

Then he said I had a migration petition approved and pending. I just told him that it was probably the old I130.

At the end, my visa was approved for one month only. The second time, however, my visa application was rejected. The interview was way shorter this time.

 

Should I worry about the old I130? Has it expired ?

How likely is that my student visa could be rejected ?

 

If I get the student visa. Would it be advisable that my father fill a new I130 for me (in the case the old one has expired) ?

 

Cheers

 

Edit: Grammar

Edited August 31, 2020 by Maseko20349

[Crazy Cat 41,886]

The I-130 will not expire as long as the relationship still exists.  

[SusieQQQ 11,586]

28 minutes ago, Maseko20349 said:

If I get the student visa. Would it be advisable that my father fill a new I130 for me (in the case the old one has expired)

So are you looking to immigrate now?

29 minutes ago, Maseko20349 said:

Next year I'm planning to go to the US for a PhD in Computer Science in a top school.

Funding would be through the university since I'd be working as a Teaching Assistant for the first year.

Have you already been offered a place and TA?

[JeanneAdil 6,510]

and if accepted at a top US university they all have attorneys to help foreign students with the student visa 

contact the university's international office for foreign students / some colleges call it the Office for Global studies

there will be a section on your university's webpage

[Timona 4,207]

@Maseko20349

Why are you not keen on using the I-130? I would rather make use of it than live F-1 life. I understand you have secured sponsorship.

Which country are you from? I can guess from username but I would rather ask you for definitive answer. When did your father naturalize?

Edited August 31, 2020 by Timona

[Maseko20349 0]

Quote

11 minutes ago, Timona said:

Why are you not keen on using the I-130? I would rather make use of it than live F-1 life. I understand you have secured sponsorship.

Which country are you from? I can guess from username but I would rather ask you for definitive answer. When did your father naturalize?

I'm not sure about the current status of the I-130. It was filled and approved when I was a kid (12 years ago). During an interview that I had for a B1/B2 visa the consular officer said I had a migration petition approved and pending, but I don't if it was just a trick from him.

I'm from Ecuador. My father naturalized five years ago.

 

Edited August 31, 2020 by Maseko20349
Added information

[Maseko20349 0]

28 minutes ago, SusieQQQ said:

So are you looking to immigrate now?

Have you already been offered a place and TA?

I'm not completely sure since I still things going on in my country. But if things go well I'd like to give a shot.

I still have to go for the application process for the PhD, but my potential advisor says my profile looks good

and he's going to vouch for me before the admission committee.

Edited August 31, 2020 by Maseko20349

[SusieQQQ 11,586]

7 minutes ago, Maseko20349 said:

I'm not completely sure since I still things going on in my country. But if things go well I'd like to give a shot.

I still have to go for the application process for the PhD, but my potential advisor says my profile looks good

and he's going to vouch for me before the admission committee.

So you have a number of ifs.

First you need to get an offer of admission, with funding. Is this for fall 2021 start by the way?
Then, you need to get a visa, which is a non immigrant visa, with an i130 somewhere in the background. This is not an easy feat, especially as you already have a denial on record.

 

 

[Timona 4,207]

24 minutes ago, Maseko20349 said:

 

I am still green in terms of reading and accurately understanding Bulletin numbers. But from what I can deduce, I think you can make use of your approved I-130 as it has been ready for a while already. 

Lemme call @geowrian , @Lucky Cat , @SusieQQQ to help here.

 

A summary of your timeline for the experts to quickly help:

1. Your I-130 was filed and approved 12 years ago (2008). I presume you were 15 years old.
2. Your father naturalized 5 years ago ( 2015) when you were 22 years old. 

If they do agree that you can make immediate use of your I-130, I would rather defer school and come in with a GC in hand all while still retaining the scholarships. 

 

Just FYI.. I am still not good at bulletins and more so the Family categories. So listen to the above experts on this one and not to what I mentioned. I am just trying to see if there is a better path for you that you can utilize.

Edited August 31, 2020 by Timona

[Maseko20349 0]

11 minutes ago, Timona said:

I am still green in terms of reading and accurately understanding Bulletin numbers. But from what I can deduce, I think you can make use of your approved I-130 as it has been ready for a while already. 

Lemme call @geowrian , @Lucky Cat , @SusieQQQ to help here.

 

A summary of your timeline for the experts to quickly help:

1. Your I-130 was filed and approved 12 years ago (2008). I presume you were 15 years old.
2. Your father naturalized 5 years ago ( 2015) when you were 22 years old. 

If they do agree that you can make immediate use of your I-130, I would rather defer school and come in with a GC in hand all while still retaining the scholarships. 

 

Just FYI.. I am still not good at bulletins and more so the Family categories. So listen to the above experts on this one and not to what I mentioned. I am just trying to see if there is a better path for you that you can utilize.

Thanks for your help. It would be great if I could make use of the old I-130 somehow instead of worrying about it in a F1visa application.

 

1) That's right. I-130 was approved when I was 15 years old.

2) Actually I was 23 years old when my father naturalized.

 

[Maseko20349 0]

29 minutes ago, SusieQQQ said:

So you have a number of ifs.

First you need to get an offer of admission, with funding. Is this for fall 2021 start by the way?
Then, you need to get a visa, which is a non immigrant visa, with an i130 somewhere in the background. This is not an easy feat, especially as you already have a denial on record.

Yes, I expect to start in Fall 2021. Definitely I need to figure out the possibilities of a student visa being rejected and if I can make use of an old I130. If chances are low for both I'll have to look for schools in a different country.

[pablo2752 106]

Pardon me if I am wrong, but doesn't I-130 need to be re-filed if no action has been taken within a year of his petition being current? (in his case, F1 Category?)