QUESTION

Can I apply for my F-1, if my I-130 is pending?

Asked on Jul 16th, 2024 on Immigration - California
More details to this question:
My Case was petitioned last year on july 2023. My husband is a green card holder and the case is taking to much time and now I am applying for the student visa and going to prepare well for the interview. Can you please just me how many chances are there to get the F-1 visa. I really want to pursue my masters in public health. I can't compromise with my studies.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Whether you can obtain the F-1 visa depends upon the discretion of the US consular officer who interviews you since the F-1 visa is one requiring nonimmigrant intent. If the officer is convinced that you are going to the US to pursue your schooling, will not try to adjust status in the US, and will leave the US if the schooling is interrupted, he or she may approve the visa application. I cannot tell you what the chances are, but believe that most consular officers would ask you to wait until you immigrate under the F-2A category. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Aug 02nd, 2024 at 2:41 PM

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