Can I apply for a student visa if I am waiting for I-130 approval?

[Paula&David 24]

Hello everyone. 

Hope you are doing fine. 

My husband filled out and sent the I-130 form on September 3. Recently, I had the opportunity to connect with a research/teacher from a USA university. She may propose I start a Ph.D. program and research with her. For now, it's a possibility for the fall semester of 2023, but if the time comes and I don't have the approval for i-130, is it possible to apply for a student visa? or the fellowship is a possible reason to expedite? what happens if the I-130 is approved but that time but it's still in NVC, is it possible to expedite in that case? 

All of these are assumptions, but I want advice for it. Thank you.

Edited September 16, 2022 by Paula&David

[Chancy 6,241]

29 minutes ago, Paula&David said:

if the time comes and I don't have the approval for i-130, is it possible to apply for a student visa?

 

You are allowed to apply for a student visa while waiting for I-130 approval.  Whether you'll be granted one is another matter.  You must have strong ties to your home country to convince the consul officer that you will leave the US after your program.  With a pending or approved I-130 on your record, that would be a challenge.

 

Edited September 16, 2022 by Chancy
typo

[Crazy Cat 41,836]

36 minutes ago, Paula&David said:

Hello everyone. 

Hope you are doing fine. 

My husband filled out and sent the I-130 form on September 3. Recently, I had the opportunity to connect with a research/teacher from a USA university. She may propose I start a Ph.D. program and research with her. For now, it's a possibility for the fall semester of 2023, but if the time comes and I don't have the approval for i-130, is it possible to apply for a student visa? or the fellowship is a possible reason to expedite? what happens if the I-130 is approved but that time but it's still in NVC, is it possible to expedite in that case? 

All of these are assumptions, but I want advice for it. Thank you.

You can apply, but how are you going to prove non-immigrant intent? 

[Paula&David 24]

13 minutes ago, Crazy Cat said:

You can apply, but how are you going to prove non-immigrant intent? 

And is it possible to expedite for that reason?

[Crazy Cat 41,836]

2 minutes ago, Paula&David said:

And is it possible to expedite for that reason?

Everyone tries.  Here is the official list of criteria:

How to Make an Expedite Request | USCIS

[casinoroyale 1]

I've been reading a few threads on this topic. My question is, how does any recent high school or college graduate (from any country) prove non-immigration intent on their application for any kind of visa, let alone one that allows them to continue their studies in a long-term program in the US (F1 bachelor's, master's or PhD, or J1 apprenticeship/traineeship)? None of these applicants are going to own property, have a job waiting for them, or a degree they need to finish in their home country whenever they get back from the US in 1-however many years their program lasts. And if the applicant has a family, chances are they're bringing their family with them on J2/F2 visas. 

 

But clearly plenty of people with these backgrounds are getting approved for these kinds of visas, so there must be something else afoot. Maybe they just need to meet some minimum level of credibility of their academic background/qualifications to pursue whatever program it is that they want to pursue in the US, and that program itself has to have some minimum level of credibility/accreditation? And then plenty of these programs require showing a big chunk of cash to support oneself during your time in country, so perhaps that's the main area where gatekeeping takes place. 

[casinoroyale 1]

13 minutes ago, casinoroyale said:

I've been reading a few threads on this topic. My question is, how does any recent high school or college graduate (from any country) prove non-immigration intent on their application for any kind of visa, let alone one that allows them to continue their studies in a long-term program in the US (F1 bachelor's, master's or PhD, or J1 apprenticeship/traineeship)? None of these applicants are going to own property, have a job waiting for them, or a degree they need to finish in their home country whenever they get back from the US in 1-however many years their program lasts. And if the applicant has a family, chances are they're bringing their family with them on J2/F2 visas. 

 

But clearly plenty of people with these backgrounds are getting approved for these kinds of visas, so there must be something else afoot. Maybe they just need to meet some minimum level of credibility of their academic background/qualifications to pursue whatever program it is that they want to pursue in the US, and that program itself has to have some minimum level of credibility/accreditation? And then plenty of these programs require showing a big chunk of cash to support oneself during your time in country, so perhaps that's the main area where gatekeeping takes place. 

And as for the additional wrinkle of such a person applying for such a visa while already having a pending I-130, showing immigration intent, isn't the point about immigration intent on that stay in the US, rather than more generally, at some later point in the future? It would seem to me that an existing I-130 in process, if anything, would show a lack of immigration intent on that specific journey, vs. your average applicant/petitioner. That person has gone through the trouble and cost to apply, so why would they want to f*** up their application by overstaying? 

[Rocio0010 5,579]

9 hours ago, casinoroyale said:

It would seem to me that an existing I-130 in process, if anything, would show a lack of immigration intent on that specific journey

How? An I-130 IS an immigrant petition

[Paula&David 24]

3 minutes ago, Rocio0010 said:

How? An I-130 IS an immigrant petition

I think the first option is expediting the I-130 case for financial reasons before applying for a student visa. Don't you think? 

[Rocio0010 5,579]

Just now, Paula&David said:

expediting the I-130 case for financial reasons

What would be the financial reason to expedite? And how would the USC benefit from such expedite?

[Paula&David 24]

Good questions. 

Correct me if I'm wrong, but the expedite does not necessarily have to benefit the USC. 

Reading the expedite reasons: 

 

"Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment. In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services."

 

Or, another reason may be: 

"Nonprofit organization (as designated by the Internal Revenue Service) whose request is in furtherance of the cultural or social interests of the United States;
A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests (as opposed to the organization’s role in furthering social or cultural interests). Examples may include a medical professional urgently needed for medical research related to a specific social U.S. interest (such as the COVID-19 pandemic or other socially impactful research or project) or a university professor urgently needed to participate in a specific and imminent cultural program. Another example is a religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program. In such instances, the religious organization must articulate why the respective beneficiary is specifically needed, as opposed to pointing to a general shortage alone."

 

am I wrong? 

 

 

 

4 minutes ago, Rocio0010 said:

What would be the financial reason to expedite? And how would the USC benefit from such expedite?

[Rocio0010 5,579]

1 hour ago, Paula&David said:

Job loss

Right. But the text you quoted is not a reason to expedite the I-130. It is a text from a page explaining how to expedite work cards, which might be done inside the US. This just only expedites the work authorization, not the I-130

 

1 hour ago, Paula&David said:

the inability to travel for work

That  you are applying for an employment- based green card and have an employer sponsor that needs you here because you are the only one that can fulfill that position. Think, for example, doctors or very qualified engineers.