Can a F4 (Family based greencard) visa applicant apply for student visa? Seniors help!!!!

[Nightingle]

Hi,

My sister has got her citizenship and she intends to apply for me. I know, it may take 10-12 years. My question is, in between this time may i apply for a student visa or visitor visa to enter US? My parents are also US GC holder. I want to live with them.

In the non immigrant visa form i need to mention, whether i have applied for a GC or not. According to INA 214(b), i need to convince the counselor that i have a residence at my home country and i will be back there. But if i already apply for a Greencard, how may i face the immigration officer?

Someone suggested me to apply for student visa first , then after entering the US i may apply for GC. Someone says, it doesnt matter whether i applied for GC or not to get student visa. I am bit confused.

I need help from seniors of this forum regarding the issue. If you can please provide me some link here , i will also very happy.

 

[Jackolantern]

Having both parents as GC holders will make it very difficult to get a student visa. It's even worse that you plan to live with them in the US while studying. As a student seeking a visa, ideally you should be supported by parents who reside permanently in your home country. The location of a student's parents' residence is a key factor in evaluating the residential ties and intentions of the student.

Your sister's petition will add somewhat to the difficulty of obtaining the visa, but your parents' GCs will be the bigger obstacle.

If your sister files the petition before you apply for the student visa, you'll need to convince the consulate that you will pursue the GC through the consulate in your country, and not attempt to stay in the US to directly immigrate after your studies are done.