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

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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 by TBoneTX

4/15/2016 : Mailed I-130

4/21/2016 : Received text and email from USCIS assigned Receipt Number [Day 1 I-130]

4/25/2016 : Received NOA I-797C Priority Date : April 18, 2016 [Day 5 I-130]

5/6/2016 : Visit Doctor for TB Test, X-Ray, Blood Works & Fill in I-693

5/9/2016 : Visit Doctor again to check result, X-Ray & Blood work all passed but reacted to TB Skin Test (Doctor said it is normal as many ppl had BCG before...not sure why.) :huh2:

5/10/2016 : Doctor sent form to TB Clinic for TB Clearance :clock::clock::clock:

5/18/2016 : Still no words from Doctor, decided to send I-485 to Chicago Lockbox first

5/19/2016 : I-485 package picked up and sent [Day 29 I-130]

5/24/2016 : I-485 package delivered and received by USCIS [Day 34 I-130] [Day 1 I-485]

5/27/2016 : Received 3 texts and emails from USCIS assigned MSC Receipt Number [Day 37 I-130] [Day 4 I-485]

5/31/2016 : Received 3 x NOA I-797C for I-485, I-131, I-765 Priority Date : April 18, 2016 [Day 41 I-130] [Day 8 I-485]

6/15/2016 : I-130 was approved! :dancing: :dancing: :dancing: :dancing: :dancing: :dancing: [Day 57 I-130] [Day 23 I-485]

6/18/2016 : Received biometric appointment letter [Day 60 I-130] [Day 26 I-485]

6/20/2016 : Received NOA2 for I-130 Approval Letter, case was sent to NVC. [Day 62 I-130] [Day 27 I-485]

6/21/2016 : Sent email to NVC and request transfer of the visa petition to National Benefit Center. [Day 63 I-130] [Day 29 I-485]

6/23/2016 : Biometric Walk in Successful at Tukwila Office WA [Day 65 I-130] [Day 31 I-485]

6/23/2016 : Email sent to NVC request transfer of I-130 to NBC. Response from NVC, still haven't received my I-130 file. Wait 8 weeks.

6/24/2016 : I-130 visa petition was sent to the Department of State. [Day 66 I-130] [Day 31 I-485]

6/30/2016 : Original Biometric appointment [Day 72 I-130] [Day 37 I-485]

7/11/2016 : Called NVC. Approved I-130 received by NVC on July 6. [Day 83 i-130] [Day 48 I-485]

7/14/2016 : Case is Ready to be Scheduled for Interview :content: :content: :content: :content: :dancing: :dancing: :dancing: [Day 86 i-130] [Day 51 I-485]

7/21/2016 : NVC sent Case Number by email, Email sent to NVC request a transfer of approved petition to MSC for interview. [Day 93 I-130] [Day 60 I-485]

8/8/2016 : Submitted Service Request online [Day 78 I-485]

8/11/2016 : EAD Card is being produced. [Day 81 I-485]

8/12/2016 : EAD & AP approved. [Day 82 I-485]

8/15/2016 : Status changed to Card Was Mailed to Me. [Day 85 I-485]

8/18/2016 : EAD & AP Combo Card Received. [Day 88]

11/3/2016 : Interview Date scheduled on Dec 2, 2016

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


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  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.  


This will not be over quickly. You will not enjoy this.

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^ 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. 

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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.

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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. 

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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?

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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. 

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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 by SusieQQQ

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