F1 Visa advice + Adjustment of Status

[Eslam Atef 0]

Hello everyone, first of all i just wanted to ask about a bunch of questions

Currently my brother is a US Citizen and he is applying for my mother to Form I-130

In same time I'm applying for F-1 Visa to study in USA. Does this ( Form I-130 or F-1 ) conflict with each other any of the applying process ?

Does my brother could Improves my position In applying for F-1 Visa or it would make the situation more harder ?

Plus Can i apply for adjust of status while I'm in the states with my F-1 Visa after my mother become a Permanent Resident ?

Edited July 16, 2021 by Eslam Atef

[HRQX 4,145]

10 minutes ago, Eslam Atef said:

Plus Can i apply for adjust of status while I'm in the states with my F-1 Visa after my mother become a Permanent Resident ?

No, you cannot have preconceived intent to AOS when you enter the US with the F1 student visa.

 

Also, the precedent BIA cases don't apply to F2A, F2B, etc. AOS, so at a I-485 interview preconceived intent can still be brought up. The burden of proof will be on you to overcome that.

Edited July 16, 2021 by HRQX

[SusieQQQ 11,586]

12 hours ago, Eslam Atef said:

Hello everyone, first of all i just wanted to ask about a bunch of questions

Currently my brother is a US Citizen and he is applying for my mother to Form I-130

In same time I'm applying for F-1 Visa to study in USA. Does this ( Form I-130 or F-1 ) conflict with each other any of the applying process ?

Does my brother could Improves my position In applying for F-1 Visa or it would make the situation more harder ?

Plus Can i apply for adjust of status while I'm in the states with my F-1 Visa after my mother become a Permanent Resident ?

The embassy will certainly connect your cases even though nominally they are independent, and if they (rightly) suspect that you plan to adjust status once you are in the US they may deny your F1. F1 is a non immigrant visa and as such you may not have immigrant intent in applying for it. Also you need to fill the form in honestly and you will have to list your brother as family in the US.

 

If she is planning to apply for a green card for you once she has her green card, then a lot will depend on your age. If you are over 21 by the time she applies, you will likely not be able to remain long enough on a student visa to adjust anyway. 

[Vandelay Ind 0]

On 7/15/2021 at 7:08 PM, Eslam Atef said:

Hello everyone, first of all i just wanted to ask about a bunch of questions

Currently my brother is a US Citizen and he is applying for my mother to Form I-130

In same time I'm applying for F-1 Visa to study in USA. Does this ( Form I-130 or F-1 ) conflict with each other any of the applying process ?

Does my brother could Improves my position In applying for F-1 Visa or it would make the situation more harder ?

Plus Can i apply for adjust of status while I'm in the states with my F-1 Visa after my mother become a Permanent Resident ?

 

As an old man, I remember my cousin from Europe getting an F1 visa about 35 years ago.  He hardly had to do anything, I think he just filled out a form at the embassy.

I think the US embassy people even did that for him.

 

He lived with us and studied for 4 years.  I don't remember any check-in during the time he was here.  He went back to Europe during the Summer breaks.

He didn't want to stay and look for work here afterward so he went back to Europe and started his career there.

 

The experience did make him a  true multi-lingual speaker . 

He really enjoyed his time here and he still has fond memories of the US.

 

The good old time.