Hi, My mother, a permanent resident, has filed I-130(green card petition) for my brother who is in India. His application got approved in Nov2005 under F2A category. Since his priority date is few years down the road, he has to wait. In the mean time he is admitted to a masters program in the US.
As I understand it will be a problem for him to obtain F1 visa because someone(in this case, my mother) has already filed immigration petition on his behalf.
My question is: is there any way he can still get F1 visa either by going through a good immigration lawyer or by denying in the F1 visa form of the immigrant intent.
Is the only option is to withdraw his immigration visa petition in order for him to apply for F1 Visa?
Has anybody seen anyone in a similar situation?
Please advice.
Thanks
As I understand it will be a problem for him to obtain F1 visa because someone(in this case, my mother) has already filed immigration petition on his behalf.
My question is: is there any way he can still get F1 visa either by going through a good immigration lawyer or by denying in the F1 visa form of the immigrant intent.
Is the only option is to withdraw his immigration visa petition in order for him to apply for F1 Visa?
Has anybody seen anyone in a similar situation?
Please advice.
Thanks