can son apply for student visa while parent is partitioning immigration visa for him?

travelnj

Registered Users (C)
My sister is a GC holder, her son graduated from US, returned home, aged-out when the GC was approved.
My sister is in the processing of appling immigration visa for her son. However, her son is planning to return to US for the master degree. We have a discussion tonight and it seems that her son will not be able to get the student visa but have to wait for the immigration visa, is it true?

Our reasoning was that when her son applies for student visa, he will be asked whether he is in the process of applying for GC, if he answers yes, the student visa will likely be denied.

Please help to confirm whether our reasoning is correct. Is there anyway for her son to come to study?

On second thought, he was a derivative in his mother's GC but aged-out, is it possible to retain his mother's I130 approval date?
 
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I found a link on "status of current visit/student visa during permanent residence sponsorship process" in this forum dated 02/09/2010 (can't post link)
is it my only answer?
 
My sister is in the processing of appling immigration visa for her son. However, her son is planning to return to US for the master degree. We have a discussion tonight and it seems that her son will not be able to get the student visa but have to wait for the immigration visa, is it true? Our reasoning was that when her son applies for student visa, he will be asked whether he is in the process of applying for GC, if he answers yes, the student visa will likely be denied.

One of the requirements of an F visa is a foreign residence the alien has no intention of abandoning. Having his mother sponsor him for permanent residency in the US is directly in contradiction to that requirement.

On second thought, he was a derivative in his mother's GC but aged-out, is it possible to retain his mother's I130 approval date?

Probably. They need to find an attorney versed in CSPA.
 
My sister is a GC holder, her son graduated from US, returned home, aged-out when the GC was approved.
My sister is in the processing of appling immigration visa for her son. However, her son is planning to return to US for the master degree. We have a discussion tonight and it seems that her son will not be able to get the student visa but have to wait for the immigration visa, is it true?

Our reasoning was that when her son applies for student visa, he will be asked whether he is in the process of applying for GC, if he answers yes, the student visa will likely be denied.

Please help to confirm whether our reasoning is correct. Is there anyway for her son to come to study?

On second thought, he was a derivative in his mother's GC but aged-out, is it possible to retain his mother's I130 approval date?

I was aged-out when my parents received GCs. I was in the same situation so I came here with B1/B2 visa and changed my status to F-1.
I was told and worried that a consular officer may ask me if anyone petitioned a GC on my behalf.
Some people say that it's not impossible because you can show that there is no intention of staying after the study, however, it's not easy to prove and I did not want to take a chance on that.
Either way he has to take a chance, because there is no guaranttee. I hope everything works out for him.
 
Has your sister filed the GC paperwork yet?

If not, she should wait until her son has the student visa and is in the US. He already was studying before and he left when his studies ended, so I expect he'll have a good chance of getting the visa if there is no pending GC application for him.

Then after he arrives in the US, his mother can file the I-130 specifying consular processing. Then he should remain in the US until his studies are completed, if he wants to avoid the risk of being denied entry with the F-1 visa due to the pending GC.
 
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