F1 for GC applicant

[reshmaya]

Hi,

My nanny is a GC holder whose daughter due to being more than 21 years of age could not come with them when they came to US in Jan 2007. They went ahead and filed the GC I131 for her in Mar 2007, however USCIS shows Feb 2005 applications are being processed.

However the daughter wants to study in US and is preparing to apply for F1 student visa. Is this a good approach? will her ongoing green card application be affected? What is the best thing to do to get her to US since Feb 2005 applications for GC is going on and who knows when they will get to her Mar 2007 appli.

Thanks in advance for your advise.
R

[sidpri]

It could be a problem for her to get a F1 if immigrant petition is pending since F1 is supposed to be a non-immigrant visa. But if she does get F1, then it has no impact on GC processing

[LucyMO]

What is the best thing to do to get her to US since Feb 2005 applications for GC is going on and who knows when they will get to her Mar 2007 appli.

first of all, the fact that USCIS is processing Feb 2005 doesn't mean anything to her. She needs to look at the visa bulletin at www.travel.state.gov instead.
Second, it will be very difficult to get F-1, since an immigrant visa petition has been filed on her behalf.

[reshmaya]

Thanks Lucy and Sid. So what do you suggest she do if F1 is very very difficult. This daughter is desperate to see her parents and therefore they were thinking that if she mentioned that her GC taking so much time naturally keeps her away from her parents and studying in US and therefore the only way she saw was to apply for F1.

Lucy: Sorry i didnot understand what you wanted me to see on the visa bulletin .Can you be more specific?Thanks in advance.

[sidpri]

I have been hearing about a lot of cases where F1 has been approved even when GC was pending, so you can give it a shot. But approval would be at the discretion of the consular officer. Do give correct information on the application (avoid hiding that you have applied for a GC). Btw, for F1, she would need to be accepted by the college through an I-20, etc etc.

[LucyMO]

Originally Posted by reshmaya

Lucy: Sorry i didnot understand what you wanted me to see on the visa bulletin .Can you be more specific?Thanks in advance.

you get to see how long you will have to wait for a GC based on your family preference category.

[TheRealCanadian]

Originally Posted by reshmaya

This daughter is desperate to see her parents and therefore they were thinking that if she mentioned that her GC taking so much time naturally keeps her away from her parents and studying in US and therefore the only way she saw was to apply for F1.

The consular officer may then conclude that the study is not legitimate, or that the daughter is likely to overstay. He may also respond that the parent can travel abroad to see the daughter.

[reshmaya]

Thank you all for your replies.

[godisgoodtome]

hmn!!
This is a tough one.....
for her to even ahve a shot on the F 1 thing she has to burry the fact tha she has a relative in the US as a sponsor, 'cos they want to be sure that she has ties to her home country and will never abandon it, but havng a US spomsor, and let alone a Mon is a no no... pure ground for denial..'cos right there they will thing she is not coming back to her country. My friends sister had the same issue.. and was denied 2x.
But then the older sister at then 22, decded to come for visitation, and claimed her elder sister(The DC holder) in the US is sick and she needs= to be with her in the hosptal for about 2 a moth post surgery.... Nd guess what she was granted... lol..
But she is now studying at a university in teneesee, she came in and afte 2 week applied for change of staus here, from visitors to F-1 and was granted, because she already applied and gotten admision while at home, but just never mentioned that to the consulate back home during her interview.
so just be careful and which ever route you take... Good luck.
Family is very important, but until you are a USC, we all have to be very careful.

[PraetorianXI]

Originally Posted by godisgoodtome

hmn!!
This is a tough one.....
for her to even ahve a shot on the F 1 thing she has to burry the fact tha she has a relative in the US as a sponsor, 'cos they want to be sure that she has ties to her home country and will never abandon it, but havng a US spomsor, and let alone a Mon is a no no... pure ground for denial..'cos right there they will thing she is not coming back to her country. My friends sister had the same issue.. and was denied 2x.
But then the older sister at then 22, decded to come for visitation, and claimed her elder sister(The DC holder) in the US is sick and she needs= to be with her in the hosptal for about 2 a moth post surgery.... Nd guess what she was granted... lol..
But she is now studying at a university in teneesee, she came in and afte 2 week applied for change of staus here, from visitors to F-1 and was granted, because she already applied and gotten admision while at home, but just never mentioned that to the consulate back home during her interview.
so just be careful and which ever route you take... Good luck.
Family is very important, but until you are a USC, we all have to be very careful.

So basically she lied... and/or withheld information, in order to obtain immigration benefits... great thinking...

[godisgoodtome]

Originally Posted by PraetorianXI

So basically she lied... and/or withheld information, in order to obtain immigration benefits... great thinking...

MR. Prae...
according to her story yes she did, but atleast it was for a good cause, to be with her sister, and help the 2 little ones back home to have a beter life.

[PraetorianXI]

Originally Posted by godisgoodtome

MR. Prae...
according to her story yes she did, but atleast it was for a good cause, to be with her sister, and help the 2 little ones back home to have a beter life.

One can only hope it does not come back to "haunt" her... like when she attempts to get a GC or at a Naturalization interview in the future.

Because USCIS won't care if you "lied" for good reasons or bad reasons.

[godisgoodtome]

Originally Posted by PraetorianXI

One can only hope it does not come back to "haunt" her... like when she attempts to get a GC or at a Naturalization interview in the future.

Because USCIS won't care if you "lied" for good reasons or bad reasons.

But how can she be so fooled to answer otherwise.
To me its like this, she came to help her sister after surgery, then decided it will be nice to stay close to her and applied for change of status, from Vistors to, F 1 and was granted, so i'm sure USCIS looked into that and approved her... there is really no lie there, but intentions... was that her initial intention??????? USCIS will have to ask her that in the future and it will depend on her answer. whick i guess she will say it just like she hopes will favour her.....lol..

[TheRealCanadian]

Originally Posted by godisgoodtome

To me its like this, she came to help her sister after surgery, then decided it will be nice to stay close to her and applied for change of status, from Vistors to, F 1

It's important to note that this is no longer possible - USCIS will not allow you to file a COS from B to F unless you explicitly tell the CBP officer at the POE that you plan on studying later on, and your I-94 is annotated accordingly.

[godisgoodtome]

oops... thats new, never knew that... thanks for the update.

[TheRealCanadian]

Originally Posted by godisgoodtome

oops... thats new, never knew that... thanks for the update.

Not all that new; it turns out that a good number of the 9/11 hijackers had entered in B and then promptly filed a COS to F and started studying while waiting for the I-539 to be approved. USCIS made that change in 2002, if I recall correctly.

[Triple Citizen]

Not to judge anyone here, but in my opinion a lie is a lie, reagarldess of what "cause" it is suppose to fulfill.

Originally Posted by godisgoodtome

according to her story yes she did, but atleast it was for a good cause,

[sidpri]

Just so that everyone is aware - Rajiv Khanna has mentioned in one of his conference calls that he once got a subpoena from FBI to reveal the identity of a user from this portal based on some postings related to Green Card fraud. So please use caution while posting. FBI does monitor these sites.

[austriacus]

If the daughter already has a bachelor's degree in a qualifiying field, she could find a job in H-1B category (which allows dual intent) and study part time.

[LucyMO]

Originally Posted by godisgoodtome

for her to even have a shot on the F 1 thing she has to burry the fact that she has a relative in the US as a sponsor,

what you are advising will result in a lifetime ban on entering the US.

[godisgoodtome]

Originally Posted by TheRealCanadian

Not all that new; it turns out that a good number of the 9/11 hijackers had entered in B and then promptly filed a COS to F and started studying while waiting for the I-539 to be approved. USCIS made that change in 2002, if I recall correctly.

well in that case it is not true because this girl i am talking about came in 2005.

[godisgoodtome]

Originally Posted by LucyMO

what you are advising will result in a lifetime ban on entering the US.

and why is that? as an f-1 you are suppose to ahve ties to u're home country, so whay would u start telling the consulate the number of family members that u have in the Us, they really frown at that and will deny you no questions ask..

[TheRealCanadian]

Originally Posted by godisgoodtome

well in that case it is not true because this girl i am talking about came in 2005.

Wrong.

http://www.immigrationportal.com/arc...p/t-77250.html

[godisgoodtome]

oh well at least thats the info i got... except the sister lied about it, but i guess thats her cup of tea anyway........
we are all responsible for our actions one way or the other.

[LucyMO]

Originally Posted by godisgoodtome

and why is that? as an f-1 you are suppose to ahve ties to u're home country, so whay would u start telling the consulate the number of family members that u have in the Us, they really frown at that and will deny you no questions ask..

an immigrant petition has been filed for her. If she lies on her non-immigrant visa petition and says it was never filed for her, she will be permanently banned from entering the US for lying to the consul about immigration benefits.

See, if you honestly show how many, what kind of relatives and which status they are in in the US - a consular officer may deny a NON-immigrant visa because you couldn't prove non-immigrant intent. You will be able to get your immigrant visa later on.
If you lie to the consular officer in regards to your immigrant visa petition or a lot of other eligible facts, you will get a permanent ban on ANY visa. Now, is it worth it to you? you decide. But do NOT advise other forum members to do the same.

[godisgoodtome]

Originally Posted by LucyMO

an immigrant petition has been filed for her. If she lies on her non-immigrant visa petition and says it was never filed for her, she will be permanently banned from entering the US for lying to the consul about immigration benefits.

See, if you honestly show how many, what kind of relatives and which status they are in in the US - a consular officer may deny a NON-immigrant visa because you couldn't prove non-immigrant intent. You will be able to get your immigrant visa later on.
If you lie to the consular officer in regards to your immigrant visa petition or a lot of other eligible facts, you will get a permanent ban on ANY visa. Now, is it worth it to you? you decide. But do NOT advise other forum members to do the same.

Re4ad within lines... and reply after understanding of the thread,,,, read where it started and how its going before you reply.....
someone shared and experience here... and u guys are going balastic about here experience... well too bad aboit that.. let her be and leave her alone.