QUESTION

Can I apply for a student visa with a pending I-130?

Asked on Jan 25th, 2021 on Immigration - New Jersey
More details to this question:
I have a pending I-130 (husband filed in June 2020). I have an admission into a very prestigious school to start in the Fall of 2021. Would the USCIC allow me apply for a student visa, if by August my I-130 hasn't gone through?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I assume by the way your question is phrased that you are contemplating a change of status to F-1 student by USCIS. The I-539 form to change or extend status asks whether an immigrant petition has ever been filed for you. A positive answer brings the possibility that an immigration officer may doubt your nonimmigrant intent, which is required to be established in such cases. I do note that in the past, we have had some such applications approved. Having had an immigrant petition filed on someone’s behalf is not as damaging as having applied for an immigrant visa or adjustment of status to permanent residence. Whether the petition is approved or pending does not change the answer to the question of the immigrant petition on the form. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 22nd, 2021 at 9:14 AM

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