A very unique case- Please Help...

[raj115]

Hey guys!
I came to the US when I was in 9th grade and right now I am in 12th grade and almost finished with high school in America. My parents applied for the green card later and according to my lawyer, we might get rejected. I am not completely clear why they might reject us(something probably wrong with their documentation?).
Currently, I am on a dependent visa and I just got admitted to Cornell University. So what should I do now? Do I have a chance of getting a student visa after getting rejected for green card since I had no control over my family's moving to America or the green card process? I truly have no intent of living in the US after college. I just want to attend Cornell and go back to India after and my parents can pay for the education too....also my parents are moving back to India soon...
Any advice would be greatly appreciated...

 

[CalGreenCard]

I'm not clear what is so "unique" about your case--there are many, many families from many countries who need to carefully consider the immigration impact on all family members of family decisions.

I'm assuming you have not filed Form I-485 yet. I'm assuming this since you say you had "no control" over the green card process. Since I think you were over 14 when your parents started the process, you would have had to sign Form I-485 yourself (your parents cannot sign past age 14) and would indeed have had some control over the process.

If Form I-485 has not yet been filed, you should be able to attend Cornell on whatever temporary visa you now have (eg H4). Since Cornell is a private school and your parents can pay, resident/nonresident tuition issues should not come into play. You would need to switch to student status (F1) before the earlier of (a) your 21st birthday (b) your parents leaving the country. There should be no difficulties at all since if Form I-485 has not been filed, you are still a nonimmigrant.

Even if Form I-485 has been filed, I think things should be okay, but it gets a bit trickier. You may then need to look more closely at why the attorney thinks you may be denied and whether your parents are likely to leave the country before you are approved. You haven't provided enough information for me to comment in much detail on that situation.