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Applying for Visitor Visa / Student Visa while I-130 is pending

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  • Applying for Visitor Visa / Student Visa while I-130 is pending

    I am a US citizen and am planning to file Green Card application for my sister (who is in India) and her family.

    Will she (or her family members) be able to get a visitor visa in the future (given that their GC could take another 10-13 years, will they be able to come here as a visitor?)

    Her son is in college and plan to come here for study.... will he be able to get student visa while the above mentioned GC application is pending?

    Do you recommend that they should first get visitor's visa, come here and then apply for GC?

    Also for her son, should I exclude him from GC application, so he can get student visa without being questioned about the GC?


    Thanks
    Gagan

  • #2
    ur sister may apply for a tourist visa as long as she provides proof that she is coming back to india. it is important that she shows these to convince the consul that she is not going to overstay. some consuls have a high index of suspicion while some are more lenient.

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    • #3
      i think its better if they get a tourist visa first because there's a part in the form where they would be asked if they have relatives who petitioned them. i have heard of some consuls who dont approve tourist visas with pending petitions and they just advise the relatives to wait for their petition instead. but like what i said earlier, there are also lenient consuls. sometimes it's really just pure luck. if it's meant for you, it's meant for you.

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      • #4
        Any advise on her kids: one is 19 and other is 17. They both would like to come here on study (F1) in next 2-5 years. By including them on I-130 application, are we going to jeopardize their chance of getting a student visa?

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        • #5
          You are required to list all children and spouse of the relative you are petiTioning on an I 130 application.
          Disclaimer:Please bear in mind, my comments are not to be construed as legal advice. These are just my reasonings, based on my personal immigration experience or what I have read. Pay for legal advice or call USCIS to verify my comments.

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