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?
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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