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  • US Citizen filed for his sister living at India

    Hi Everybody! I need some help about a serious situation.
    Background: I am US Citizen. I filed an I-130 petition for my sister (married and living at India), in Sept 2003 on Category F4. Petition has been approved from NVC and has been issued BMB number before an year. Now she is waiting for her priority date becomes available. My sister has one son (DOB:Oct 28, 1988) and one daughter (DOB:Jan 11, 1991). Both of them are completely dependants on their father. Son has just completed B.Pharm from a Bangalore based University with good rank.
    Question: (1) According to the movement of files, it seems like, my sister’s file will start processing, within an year or year and a half. At that time, what are the chances for her son to get visa, since he will be around 25 years of age.
    Question: (2) Which option is the Best for her son, out of the following options.
    (A)He should get student visa now. Start studying at US. When his mom is called for visa interview, he should go back to India from US, fill up DS-230 and go along with his mom for an interview (what are the chances of him getting visa, in this case, because, he will be around 25 years of age)
    (B)Don’t get student visa. He should wait at India, until the dates are available, but, meanwhile, he should continue studying at India, may be M.S. in Pharmacy. (What are the chances of him getting visa, in that case, because, he will be around 25 years of age)
    What could be the Best option for him, as a long run. We are looking long term benefit to him. Any expert advice will be greatly appreciated. Please, help me out to help him. Thanks a lot……for reading…

  • #2
    Originally posted by Kishanamin View Post
    Hi Everybody! I need some help about a serious situation.
    Background: I am US Citizen. I filed an I-130 petition for my sister (married and living at India), in Sept 2003 on Category F4. Petition has been approved from NVC and has been issued BMB number before an year. Now she is waiting for her priority date becomes available. My sister has one son (DOB:Oct 28, 1988) and one daughter (DOB:Jan 11, 1991). Both of them are completely dependants on their father. Son has just completed B.Pharm from a Bangalore based University with good rank.
    Question: (1) According to the movement of files, it seems like, my sister’s file will start processing, within an year or year and a half. At that time, what are the chances for her son to get visa, since he will be around 25 years of age.
    Question: (2) Which option is the Best for her son, out of the following options.
    (A)He should get student visa now. Start studying at US. When his mom is called for visa interview, he should go back to India from US, fill up DS-230 and go along with his mom for an interview (what are the chances of him getting visa, in this case, because, he will be around 25 years of age)
    (B)Don’t get student visa. He should wait at India, until the dates are available, but, meanwhile, he should continue studying at India, may be M.S. in Pharmacy. (What are the chances of him getting visa, in that case, because, he will be around 25 years of age)
    What could be the Best option for him, as a long run. We are looking long term benefit to him. Any expert advice will be greatly appreciated. Please, help me out to help him. Thanks a lot……for reading…
    According to my knowledge your sister's son will not get the immigration visa if he is 25 years old when the visa comes up. I would suggest he get a student visa and start studying in US.

    Good luck.

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    • #3
      US Citizen filed for his sister living at India

      Thanks Visjig for reading long thread. Tried to add as much detail as I can. I was thinking the same way as you, but, few of the relatives that I know, they got it, eventhough at 25 years of age. They told me that, there are 5 % chances in some cases, if you can provide them documents, to prove that son is unmarried, not working and is completely dependable on his parents to live. On the basis that how he will survive if his parents leave the country, they issue visas in 5 to 10 % of cases. Thats what different people told me. Not sure, how it could happen, coz, the law specifies an age limit of only 21 years. Now, in case, if he comes to US on student visa, then if he goes back and tries to get visa with his mom, thats for sure that they will decline him. He has to wait 6 years, his dad becomes US citizen and then he files for him, which adds another 6 years. So, it could be atleast 12 years that he has to wait, to have PR Card. Just because of these 12 years, we were thinking to get a chance of that 10 % to get visa. Let me know, what you think ?? Thanks a lot...Kishan

      Comment


      • #4
        Originally posted by Kishanamin View Post
        Thanks Visjig for reading long thread. Tried to add as much detail as I can. I was thinking the same way as you, but, few of the relatives that I know, they got it, eventhough at 25 years of age. They told me that, there are 5 % chances in some cases, if you can provide them documents, to prove that son is unmarried, not working and is completely dependable on his parents to live. On the basis that how he will survive if his parents leave the country, they issue visas in 5 to 10 % of cases. Thats what different people told me. Not sure, how it could happen, coz, the law specifies an age limit of only 21 years. Now, in case, if he comes to US on student visa, then if he goes back and tries to get visa with his mom, thats for sure that they will decline him. He has to wait 6 years, his dad becomes US citizen and then he files for him, which adds another 6 years. So, it could be atleast 12 years that he has to wait, to have PR Card. Just because of these 12 years, we were thinking to get a chance of that 10 % to get visa. Let me know, what you think ?? Thanks a lot...Kishan
        Before going through all this, did you use the CSPA calculator?

        Comment


        • #5
          US Citizen filed for his sister living at India

          No, I didn't. I don't even know CSPA. What is CSPA Calculator and how I can go thru that ? Please, advise. Thanks for reply.

          Comment

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