Need advice on Student Visa, I130 Petition, and TN Visa

[ninjaspinji 1]

I was recently on H4 status as my parent had H1B, they became LPR a month ago (was unable to become LPR bc >18 but <21). They filed I130 for me thinking it was the next logical step. Recently learned them getting GC ended my H4 status and I must leave USA before 180 days to avoid 3 3-year bar. Currently a college student and was planning on getting a student visa but thought I could wait until Fall 2024. Preparing for having to study in Mexico (home country) until either F2A becomes current, how long would that be as F2A in Mexico? Or attempting to file an F1 visa from Mexico in the next few months, or working on a TN visa after I graduate from college in Mexico. Would the I130 prevent me from getting either visa as they are both non-immigrant visas? Would I be better off having parent withdraw I130 to make non-immigrant intent easier to prove? I just want to be able to at least finish college here, and sometime in the future work on a TN visa. What's my best path? Any advice is appreciated. 

[Family 3,491]

14 minutes ago, ninjaspinji said:

I was recently on H4 status as my parent had H1B, they became LPR a month ago (was unable to become LPR bc >18 but <21).

Did you file I-485 at the same time as your parents and USCIS denied you on basis “ over 18 but under 21”….I will ask that you read the denial and either quote it directly or upload it here
 

The is only one CSPA protection and under that definition a child remains so until 21…

Edited April 6 by Family

[ninjaspinji 1]

1 minute ago, Family said:

Did you file I-485 at the same time as your parents and USCIS denied you on basis “ over 18 but under 21”….I will ask that you read the denial and either quote it directly or upload it here
 

The is only one CSPA protection and under that definition a child remains so until 21…

My parent has only filed I130,  can you elaborate on the CSPA protection? I thought CSPA would freeze my age at 19 until my number became current, like would it mean I'd age out and switch my status to F2B?

[Family 3,491]

5 minutes ago, ninjaspinji said:

My parent has only filed I130,  can you elaborate on the CSPA protection? I thought CSPA would freeze my age at 19 until my number became current, like would it mean I'd age out and switch my status to F2B?

I was questioning your claim that says you could not adjust with your parent as a child dependent H-4 under 21.

Did you apply for I-485 w parents and got denied ?

[ninjaspinji 1]

1 minute ago, Family said:

I was questioning your claim that says you could not adjust with your parent as a child dependent H-4 under 21.

Did you apply for I-485 w parents and got denied ?

I did not, my parent married US Citizen and they and my sibling (<18) both got GCs from US Citizen. I was over 18 for that so I wasn't able to get it along with them. US Citizen Step-Parent can't petition me because for immigration purposes they're not my step-parent, sorry should've clarified.   

[Family 3,491]

11 minutes ago, ninjaspinji said:

I did not, my parent married US Citizen and they and my sibling (<18) both got GCs from US Citizen. I was over 18 for that so I wasn't able to get it along with them. US Citizen Step-Parent can't petition me because for immigration purposes they're not my step-parent, sorry should've clarified.   

Aaa…that’s a different kettle of fish . ..😂

You won’t clear F-2A in time and will likely age out to F-2B …

 

I would have Exhausted all options in getting the F-1 student and change of status …even with a starter program that may not be your ultimate choice . But if your H-4 is already gone …no chance there. Did you consult w attorney before dad filed ?
‘
 

Edited April 6 by Family

[ninjaspinji 1]

Just now, Family said:

Aaa…that’s a different kettle of fish . ..😂

You won’t clear F-2A in time and will likely age out to F-2B …

 

Exhaust all options in getting the F-1 student visa ASAP even with a starter program that may not be your ultimate choice . 
 

As far as my college is concerned I'm still set to go in the fall. I was told that since I'm out of status right now I'd have to apply from Mexico anyway. Every college I've seen is only granting I20s for the fall term. Apply in July once I get financial aid from my college, so I can get my I20. My concern is that the pending I130 possibly signals immigrant intent, including for a possible TN visa down the line. Is it even worth keeping the I130 since it'll probably be useless? Or would I still be able to get an F1 visa for this fall semester even with the pending I130?

[ninjaspinji 1]

15 minutes ago, Family said:

Aaa…that’s a different kettle of fish . ..😂

You won’t clear F-2A in time and will likely age out to F-2B …

 

I would have Exhausted all options in getting the F-1 student and change of status …even with a starter program that may not be your ultimate choice . But if your H-4 is already gone …no chance there. Did you consult w attorney before dad filed ?
‘
 

We did not consult w attorney (hindsight 20/20), we thought marriage based green card would be simple and it was. But didn’t know about implications for me. 
 

So could my plan of filing for student visa from Mexico work?

[Family 3,491]

26 minutes ago, ninjaspinji said:

As far as my college is concerned I'm still set to go in the fall. I was told that since I'm out of status right now I'd have to apply from Mexico anyway. Every college I've seen is only granting I20s for the fall term. Apply in July once I get financial aid from my college, so I can get my I20. My concern is that the pending I130 possibly signals immigrant intent, including for a possible TN visa down the line. Is it even worth keeping the I130 since it'll probably be useless? Or would I still be able to get an F1 visa for this fall semester even with the pending I130?

Pulling the I-130 won’t erase the challenges ahead of you…as you have to now go back there and quickly put down some roots/ties to a country you have not lived in for a while. 
 

 

Short of finding your own Love American Style Story, give all your suggested options a try
 

https://rjimmigrationlaw.com/resources/i-have-an-approved-i-130-or-i-140-can-i-still-get-a-tn-visa/#:~:text=Pending or Approved I-130,to preserve TN visa eligibility.

Edited April 6 by Family

[ninjaspinji 1]

14 minutes ago, Family said:

Pulling the I-130 won’t erase the challenges ahead of you…as you have to now go back there and quickly put down some roots/ties to a country you have not lived in for a while. 
 

 

Short of finding your own Love American Style Story, give all your suggested options a try
 

https://rjimmigrationlaw.com/resources/i-have-an-approved-i-130-or-i-140-can-i-still-get-a-tn-visa/#:~:text=Pending or Approved I-130,to preserve TN visa eligibility.

Thank you for the help, I'll consult a lawyer before eventually filing my F1 visa from Mexico to ensure I have the strongest case. I'm also applying to a college in Mexico regardless in case this doesn't pan out, and then the TN visa. But pursuing a student visa, even if applying from Mexico, is worth a shot right? Like I'm at a community college with a guaranteed transfer program into a 4-year university, and I have a 4.0 GPA. Like I really do want to get my degree from this university, and wouldn't be able to use the F1 visa as an excuse to immigrate with the pending I130 is my point. 

[Family 3,491]

1 hour ago, ninjaspinji said:

But pursuing a student visa, even if applying from Mexico, is worth a shot right? Like I'm at a community college with a guaranteed transfer program into a 4-year university, and I have a 4.0 GPA. Like I really do want to get my degree from this university, and wouldn't be able to use the F1 visa as an excuse to immigrate with the pending I130 is my point. 

I understood your point…and also know that getting an F-1 will be real rough…

 

Withdraw it, if you know for certain you don’t plan on waiting 25 years or so for Priority Date to become current .

 

 

 

 

 

https://visarefusal.com/inadmissibility/40-reasons-for-student-visa-denials/

Ties. As discussed above, the strength of one’s ties are viewed through the prism of age. For young applicants, their parents’ occupations — the “Who’s your Daddy?” test —

[Boiler 43,485]

How long have you been in the US?

 

What are your ties to Mexico?

 

Does your College know that you are out of status?

 

As an aside you are of course deportable if apprehended.

 

Parent sponsorship c2050 I would think, when you are talking about these sort of timelines it is always anyone's guess.

 

Unless I am missing something with your history a F1 is going to be a big ask.

 

TN is also a non immigrant visa.

 

[Family 3,491]

Something to consider is the possibility that F-2A may become current  before you turn 21 . .as had been the case between 2019 and April 2023.  
Waiting it out to October, beginning of each new fiscal year , may be a good idea
 

https://bizlegalservices.com/2024/03/11/april-2024-visa-bulletin/#:~:text=In the April 2024 visa bulletin%2C we see advancement in,beginning of Fiscal Year 2025.

 

 

[Boiler 43,485]

56 minutes ago, Family said:

Something to consider is the possibility that F-2A may become current  before you turn 21 . .as had been the case between 2019 and April 2023.  
Waiting it out to October, beginning of each new fiscal year , may be a good idea
 

https://bizlegalservices.com/2024/03/11/april-2024-visa-bulletin/#:~:text=In the April 2024 visa bulletin%2C we see advancement in,beginning of Fiscal Year 2025.

 

 

Though, the State Department did have good news in the April 2024 visa bulletin. The Department provided potential movements we can expect over the rest of FY 2024. The State Department, provides the following breakdown:

 

• F2A (Spouses and Children of Permanent Residents): Up to three months

 

And then you expect it to move 4 years?

[ninjaspinji 1]

3 Months in the next 6 is crazy, and knowing them it'll be slower. I'm not counting on the I130 at all at this point. I'm planning on doing computer science and getting a job in that field (for context in getting a TN visa in case the student doesn't work out). Should I expect this level of scrutiny after graduating from college in Mexico, due to it being a nonimmigrant visa? Or is this more of an issue because it's a student visa?