If Petition Mom, Can Young Sister Get Student Visa? [split topic]

[corrycorina 6]

I will be filing for my citizenship this year and will probably become a USC by next year. I know that I can petition for my mother and she can come in a year or so. However, my youngest sister is 12, I understand that my mother can petition for her when she becomes LPR and the process would take around 2-3 years. Since my sister is young and we want her to be with my mom while my mom is applying for her LPR status. I am wondering during this time, is it possible to get a student visa for my sister to study in the US and change status? Will she have to return to the home country for an interview or she could finish the whole process here in US together with my mom?

Edited February 20, 2019 by TBoneTX

[TBoneTX 43,058]

The above was split from an old thread in the NVC forum.

[NigeriaorBust 4,087]

  There is a limit on how long a non college student can use a student visa.  It wouldn't cover the entire time and be costly ( you would have to pay for her schooling ,  public schools are only free to US persons )   If your mom comes once she gets her green card she could apply for a returning resident permit that would allow her to be out of country for up to 2 years and then maybe the student visa could kick in ( mom should apply for sister before she leaves and then make sure she is here to make family reunification happen.  

[SusieQQQ 11,584]

^ it would be a re-entry permit, not a returning resident visa, that the mom would apply for. That probably makes the most sense.  A student visa would (1) likely be denied due to clear immigrant intent (2) for the age and time period you envisage, would only work for private school (public school is maximum one year in high school, at full unsubsidized cost). Costly even if it’s granted. The re-entry permit would allow mom to stay with her in home country  while waiting for her PD to become current. It’s valid for 2 years but can be renewed. 

[Plantagenet 1]

There are many schools that would sponsor your sister, however this isn't a cheap option.  In the case of most private schools that do this you have the normal cost of the school plus additional fees for them being international students.

 

So there is a way your mum can do this.  If you were looking to have her start the next academic year here you need to get a move on however as most of the processes ten to wrap up in the next month or so for the following academic year.

[CEE53147 559]

A student may not have immigrant intent so she should not be granted the visa on that basis.

 

The reentry permit for mom is the correct process.

[USS_Voyager 1,971]

SEVP can certify a private school for F-1 or M-1 student enrollment in any or all of its K-12 programs. SEVP can certify a public school for F-1 or M-1 student enrollment in grades 9-12, which is limited to a maximum of 12 months.

 

https://studyinthestates.dhs.gov/kindergarten-to-grade-12-students

 

So potentially it is possible for your sister to study in the US, all the way up to college education. K-12 have to be in private schools because public can only be maximum of 1 year, if you family can afford the private school tuition in the US, which shockingly high for grade school. For example a year of private school in middle school or high school can be around $20,000-$30,000. But who knows, maybe that is not the issue. 

 

The other issue is, of course, actually getting the F-1 visa granted. That will be the key to all of this. If she can successfully get the F-1 visa, she can enter and potentially finish her study in the US all the way up to college. She has to prove that she has intention to return to the home country after finishing the study, in order to get the F-1 visa. 

[SusieQQQ 11,584]

28 minutes ago, USS_Voyager said:

 

 She has to prove that she has intention to return to the home country after finishing the study, in order to get the F-1 visa. 

Exactly. How can a 12 year old, with mom and sister in the US and an immigrant petition filed for her, possibly prove non-immigrant intent?

[USS_Voyager 1,971]

2 hours ago, SusieQQQ said:

Exactly. How can a 12 year old, with mom and sister in the US and an immigrant petition filed for her, possibly prove non-immigrant intent?

Uhmm, only a sister in the US. At this point, no immigrant petition has been filed for the sister. There is not even one for the mother yet. All that won't occur until 1.5 year - 2 year into the future, right? OP is not even US citizen yet.

 

It is possible to get a F-1 visa with a sister as a LPR. My wife was LPR when her sisters (2 of them) both got their  F-1 visas. Their parents resided in home country that that time. 

[SusieQQQ 11,584]

16 minutes ago, USS_Voyager said:

Uhmm, only a sister in the US. At this point, no immigrant petition has been filed for the sister. There is not even one for the mother yet. All that won't occur until 1.5 year - 2 year into the future, right? OP is not even US citizen yet.

 

It is possible to get a F-1 visa with a sister as a LPR. My wife was LPR when her sisters (2 of them) both got their  F-1 visas. Their parents resided in home country that that time. 

The original question was how to not separate the sister from the mother during the process of the mother getting a green card. Hence, the situation would be one where the sister applies for the F1 after the mother either has a green card or has an I130 filed for her (and obviously OP needs to be a citizen first for that to happen). There was no suggestion of the sister studying here while the mother remained in the home country as in your wife’s sisters’ case.

Edited February 21, 2019 by SusieQQQ