QUESTION
Will my sister's I-130 hinder the chances of getting F1 visa for my niece?
Asked on Jun 28th, 2014 on Immigration - Texas
More details to this question:
My niece is 22 years old. I want her to come to the U.S. for higher studies. I have applied I-130 for my sister in 2003, which is still in initial review. Will that hurt my niece's chances to get an F1 visa because she has been rejected once and she is a potential immigrant (214b). If so, please suggest a way out of this. Will it be wise to withdraw the I-130 of my sister so, that it might increase my niece's chances? How long will the withdrawal process take?
2 ANSWERS
Adebola O. Asekun
Withdrawing a petition just when it is about to become current so as to increase the odds for one of the family members to come and study is most unwise especially when it is not necessary. Remember if you withdraw the petition, it will affect all other family members who will have to start the process all over again. More importantly. there is absolutely no guarantee your niece will get a student visa even if you withdraw her parents immigrant visa petition. However, there are other ways of overcoming the immigrant intent apart which may have been the consular officer's decision to deny her F-1 visa. Please speak to an experienced attorney to advise you of the options that may be availing to your niece.
Answered on Jul 07th, 2014 at 4:53 AM
Business Immigration Attorney serving Houston, TX
at
Quan Law Group, PLLC
Update Your Profile
You can take that approach, but it is unlikely to change anything as the immigrant intent was already demonstrated. You may want to consider arguing that immigrant intent is not formed because the priority date is still far away in the future. You would need to show strong ties to the home country for her.
Answered on Jun 30th, 2014 at 12:58 PM