Please give me advice Parents GC holders URGENT

idevice

New Member
Hi ladies and gents,

I got some issue. My parents green card holders, I received my I-20 from University. Is it right that if my parents legal permanent residents I almost haven't chance to visit United States as student.

Thank you.
 
You may not have immigrant intent to come to the US on a student visa. You parents came; the vast majority of immigrants use family to do so. How can you prove that you will return home following your studies? Can you truthfully say you will?
 
You may not have immigrant intent to come to the US on a student visa. You parents came; the vast majority of immigrants use family to do so. How can you prove that you will return home following your studies? Can you truthfully say you will?

well I got a lot of relatives here, also I work in good company and doing my masters in US will guarantee better career in company where I working now. My uncle owner of this company and he pays for my education. I think it is little bit unfair, if your parents in States it shouldn't stop you to achieve some of your plans, is it?
 
Dual intent is a United States immigration law concept. It generally refers to the fact that certain U.S. visas allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent. This allows those visa holders, particularly H-1B professionals, to enter the U.S. while simultaneously seeking lawful permanent resident status (green card status) at a port of entry.

Most other foreign visitors and workers, like those on H-2B worker, H-3 trainee/worker, B-1 business, B-2 tourist, VWP visitor, F-1 student, J-1 exchange visitor, M-1 student, journalism, and entertainer visas should not have immigrant intent.

You can't hold F-1 visa and adjust the status. When you apply for it, your F-1 visa goes void. You might have to leave US at that particular time.
 
Hi ladies and gents,

I got some issue. My parents green card holders, I received my I-20 from University. Is it right that if my parents legal permanent residents I almost haven't chance to visit United States as student.

Thank you.

It depends.

Has either parent (or both) filed an I-130 for you? As LPRs they can file for unmarried children of any age BUT if you are over 21, it will take years to get a visa.

IF you came here and then they naturalized and filed an I-130 for you, it would still take years. You would likely not be eligible to adjust status.

If you came as an F-1 student it is a possibility to change status to H-1B in the future and pursue an employment based immigrant visa.

If your uncle wanted to send you to the U.S. to expand the business and open a new office in the U.S. other possibilities would exist as an L-1A or L-1B, E non-immigrant (depends on country of origin), EB-2 (probably requiring National Interest Waiver) entrepreneur or EB5 immigrant investor.

Explore your options and good luck.
 
It depends.

Has either parent (or both) filed an I-130 for you? As LPRs they can file for unmarried children of any age BUT if you are over 21, it will take years to get a visa.

IF you came here and then they naturalized and filed an I-130 for you, it would still take years. You would likely not be eligible to adjust status.

If you came as an F-1 student it is a possibility to change status to H-1B in the future and pursue an employment based immigrant visa.

If your uncle wanted to send you to the U.S. to expand the business and open a new office in the U.S. other possibilities would exist as an L-1A or L-1B, E non-immigrant (depends on country of origin), EB-2 (probably requiring National Interest Waiver) entrepreneur or EB5 immigrant investor.

Explore your options and good luck.

Thank you for your replies. to be honest I have not dual intent to immigration.
Both my parents got GC, but nobody of them filled I-130 for me. They are living in US more then 3 years now. Is it good in my case that my parents did not filed I-130 form for me?
Unfortunately my uncle is not interested in US marked and opening any company branches in US. So, this variant is out.
 
Thank you for your replies. to be honest I have not dual intent to immigration.
Both my parents got GC, but nobody of them filled I-130 for me. They are living in US more then 3 years now. Is it good in my case that my parents did not filed I-130 form for me?
Unfortunately my uncle is not interested in US marked and opening any company branches in US. So, this variant is out.

Based on your replies, your chances of getting an F-1 should be no different than anyone else seeking a student visa. Make sure its a real school and show your financial ability and ties to home that will indicate that you intend to return home after school.

Good luck.
 
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