I-130 Sister's (beneficiary) daughter applying Student Visa to US

[Sleepy1 0]

Hi everyone,

I have question about relationship between my sister's I-130 case and my niece's student visa (F-1) to US.

I applied my sister's I-130 (including her husband and her daughter) 7 years ago when I became a US citizen. At that time, my niece was just 10 year old. Now she just finished high school last month and wants to come US with student visa (F-1). I understand that my sister cannot apply visitor visa (non-immigrant visa) because she is in the process of immigrant visa.

 

Is that possible for my niece to apply student visa even though her mom is in the process of immigrant visa?

 

Thanks in advanced, Steven

[jskibo 588]

No reason she can’t apply for a visitors visa. Who told you that?

[Boiler 45,672]

They both can apply for non immigrant visas

[Crazy Cat 41,981]

4 hours ago, Sleepy1 said:

Hi everyone,

I have question about relationship between my sister's I-130 case and my niece's student visa (F-1) to US.

I applied my sister's I-130 (including her husband and her daughter) 7 years ago when I became a US citizen. At that time, my niece was just 10 year old. Now she just finished high school last month and wants to come US with student visa (F-1). I understand that my sister cannot apply visitor visa (non-immigrant visa) because she is in the process of immigrant visa.

 

Is that possible for my niece to apply student visa even though her mom is in the process of immigrant visa?

 

Thanks in advanced, Steven

Certainly, they can apply.  Qualifying might be another story altogether.  It is a fact that obtaining a non-immigrant visa can be more difficult after establishing immigrant intent.  They won't know until they apply.  

[JeanneAdil 6,562]

she can apply student visa after she applies and completes all the steps 

she needs to apply to a college

she may need to take the TOFU test to show proficiency in English

She has to be accepted to the college or university

the college must be SEVP certified

she will need I 20 from the college to apply for F1

money for college

she has to return home 60 days after graduation

 

the following site best says what else is needed

 

https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/students-and-employment

• You must be enrolled in an "academic" educational program, a language-training program, or a vocational program
• Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
• You must be enrolled as a full-time student at the institution
• You must be proficient in English or be enrolled in courses leading to English proficiency
• You must have sufficient funds available for self-support during the entire proposed course of study
• You must maintain a residence abroad which you have no intention of giving up.

 

the husband will not have visa for work

 

If you wish to bring a dependent to the U.S. please contact ISS to learn what information you need to submit to request a dependent I-20 or DS-2019. It is important to determine whether you have sufficient funds to support yourself and your dependents. 

[SusieQQQ 11,586]

6 hours ago, Sleepy1 said:

I understand that my sister cannot apply visitor visa (non-immigrant visa) because she is in the process of immigrant visa.

Totally not true, I applied for a renewal of B visa while my F3 case was in process, had no problem,  the entire conversation around it consisted of “so you want to immigrate to the US?” and me answering “yes but legally when the time for my visa comes” . She will need to show ties to home.

[Sleepy1 0]

Thanks everyone. It seems like I got that wrong information.

I thought if someone is in the process of immigrant visa, that person can't apply for non-immigrant visa. So it is not true. You can still apply but it might be a bit difficult.

I appreciate everyone's input. I will let my niece know and I am sure she will be happy to hear that.