Quickest Visa

[Visitor User 235]

28 minutes ago, nadler Howard said:

It took you about 6 years to get your green card iif i am right, was it not of concern that you over stayed your visa before you were approved?

To file for AOS. It depends on how fast your local Field Office processes AOS applications. Since, I qualified for Section 245i grandfathered clause. Overstay is forgiven. Overstay is also forgiven if a USC IR files for you. Otherwise, the beneficiary would have to file for I-601A waiver and prove 'Extreme Hardship' to the USC that is filing for you.

Edited December 29, 2018 by Visitor User

[SusieQQQ 11,584]

1 hour ago, Visitor User said:

To file for AOS. It depends on how fast your local Field Office processes AOS applications. Since, I qualified for Section 245i grandfathered clause. Overstay is forgiven. Overstay is also forgiven if a USC IR files for you. Otherwise, the beneficiary would have to file for I-601A waiver and prove 'Extreme Hardship' to the USC that is filing for you.

Can you clarify what was grandfathered?

a child over 21 does not fall under the IR category. 

[Visitor User 235]

32 minutes ago, SusieQQQ said:

Can you clarify what was grandfathered?

a child over 21 does not fall under the IR category. 

I had Labor Certification ETA-750 filed on or before 4/30/01. A beneficiary is also grandfathered for life if they had a I-130 filed before the deadline. This is how one can adjust in USA. 

 

A child over 21 is not IR but they can still adjust in USA if they had a petition filed before the deadline of 4/30/01 regardless of their age then.

Edited December 29, 2018 by Visitor User

[SusieQQQ 11,584]

6 hours ago, Visitor User said:

I had Labor Certification ETA-750 filed on or before 4/30/01. A beneficiary is also grandfathered for life if they had a I-130 filed before the deadline. This is how one can adjust in USA. 

 

A child over 21 is not IR but they can still adjust in USA if they had a petition filed before the deadline of 4/30/01 regardless of their age then.

Thanks for the clarification. It’s clearly of no use to the OP, however, who did not file anything before April 2001...

[hope2018 25]

My parent filed a petition for my sister, but the waiting time is about 7 years. She applied for a student visa to come to the U.S. and got denied the first time. She applied again and came to the US to study. She filed for AOS recently and was recommended for approval on the spot at the interview, but she has to wait for her PD to become current to get the green card. In order to file for AOS, the person has be legal in the US and the PD is current on the Dates for Filing or Final Action Date chart on the visa bulletin or they have an employer to sponsor them or marry to a USC, etc.  I am happy she is here with us even though the tuition is very expensive for international student. 

[PaulTheSheik 20]

On 12/27/2018 at 9:52 PM, aaron2020 said:

 

 

How are they going to prove that they will return home after finishing school in the US?

Almost no consular officer asks for that proof that although students are by definition expected to show ties to home country. I am talking from experience and that of the half of my fifty strong classmates who came for MSc’s in the USA. They accept your story at face value, in my case I plan to return to Ghana to help with Bridge Design.

Edited December 30, 2018 by PaulTheSheik

[PaulTheSheik 20]

On 12/28/2018 at 10:01 AM, tomriesgo said:

I'm guessing from the title they don't intend to return, and this poster is looking for anyway. To me this post rings airs of using student visas to eventually overstay or attempt to adjust. Deny it but what's being asked is can you use a student visa to bring your children over fast instead of waiting years n line, which you now have intent to commit fraud by using a student visa program with intentions over staying and adjusting. 

You’re presuming too much. Leave it to Department of State consular officers and USCIS folks to read negative intent into people’s plans.

 

A great many students come to the USA to study and ultimately adjust status lawfully. The USA government knows it, winks at it, and benefits from poaching the best and brightest from around the world. Don’t burst an artery with indignation.

 

[tomriesgo 39]

1 hour ago, PaulTheSheik said:

You’re presuming too much. Leave it to Department of State consular officers and USCIS folks to read negative intent into people’s plans.

 

A great many students come to the USA to study and ultimately adjust status lawfully. The USA government knows it, winks at it, and benefits from poaching the best and brightest from around the world. Don’t burst an artery with indignation.

 

presuming too much? I'm free to presume what I want from reading a post and not presuming just reading it as it states. The title "Quickest Visa". But thanks for your thoughts! 

[Visitor User 235]

How many F1 students return by stats? Most have goals to get employer sponsored visa and lot of them get married. Lot of them probably got DACA.

[SusieQQQ 11,584]

2 hours ago, PaulTheSheik said:

Almost no consular officer asks for that proof that although students are by definition expected to show ties to home country. I am talking from experience and that of the half of my fifty strong classmates who came for MSc’s in the USA. They accept your story at face value, in my case I plan to return to Ghana to help with Bridge Design.

 

2 hours ago, PaulTheSheik said:

You’re presuming too much. Leave it to Department of State consular officers and USCIS folks to read negative intent into people’s plans.

 

A great many students come to the USA to study and ultimately adjust status lawfully. The USA government knows it, winks at it, and benefits from poaching the best and brightest from around the world. Don’t burst an artery with indignation.

 

What then explains the many F1 applicants who get denied under immigrant intent? Not much winking there. Of course, many of those that are so denied are those that have immediate family in the US. Which happens to be OP’s situation.

[nadler Howard 27]

3 hours ago, PaulTheSheik said:

Almost no consular officer asks for that proof that although students are by definition expected to show ties to home country. I am talking from experience and that of the half of my fifty strong classmates who came for MSc’s in the USA. They accept your story at face value, in my case I plan to return to Ghana to help with Bridge Design.

Can you please provide me with the name of school you attended and the procedures to obtain admission?

[PaulTheSheik 20]

48 minutes ago, SusieQQQ said:

 

What then explains the many F1 applicants who get denied under immigrant intent? Not much winking there. Of course, many of those that are so denied are those that have immediate family in the US. Which happens to be OP’s situation.

The vast majority of those who get denied are this who didn’t get scholarships or attend the very best schools. Students who get scholarships and admission into the best schools almost invariably get the visa. You think they didn’t have immigrant intent?

 

The USA prefers the cream of the crop, and for those they look the other way on the issue of immigrant intent.

[geowrian 22,335]

Plenty of student visa  applicants are denied under INA 214(b), although I would argue that it tends to be less often than that for a tourist visa - all else being equal. Usually the biggest issue for an F-1 is still financial in nature.

A CO would very likely not ask about evidence to return home. That doesn't mean immigrant intent was not considered. One's circumstances as discovered from the DS-160 and/or interview is generally all they need to make a determination on immigrant intent.

[SusieQQQ 11,584]

55 minutes ago, PaulTheSheik said:

The vast majority of those who get denied are this who didn’t get scholarships or attend the very best schools. Students who get scholarships and admission into the best schools almost invariably get the visa. You think they didn’t have immigrant intent?

 

The USA prefers the cream of the crop, and for those they look the other way on the issue of immigrant intent.

Lol. There are many international students at all sorts of colleges, from scholarship students at top 10s to extremely dodgy colleges, some of which have been shut down when it was discovered they mainly existed to get students visas. So no,  your assumption is incorrect. The common denominator among those who get denied is not quality of school, it is generally the fact that they have immediate family in the US which makes the presumption of immigrant intent very hard to overcome. It’s  far easier for someone with no family ties in the US, irrespective of how good or bad their college is, to plausibly claim they will go back home. When you have a situation where the applicant is actually applying with siblings at the same time, they have a parent in the US, AND that parent is paying for college... the presumption of immigrant intent is extremely blatant.  But I agree that if OP’s kids can get scholarships to HYPSM, they’d probably get their visas.

Edited December 31, 2018 by SusieQQQ

[SusieQQQ 11,584]

2 hours ago, Visitor User said:

How many F1 students return by stats? Most have goals to get employer sponsored visa and lot of them get married. Lot of them probably got DACA.

DACA students don’t use F1 visas.

and having a vague goal to get a job or meet a spouse is not the same as having a parent who has filed an immigrant petition for you.

Edited December 31, 2018 by SusieQQQ