Family visa for sister, some questions

[hashitoxicosis]

My sister is from India (her 7 year old is born in UAE). If I apply for family based immigration (current PD in 2005)
what happens if the child grows up and wants to come as F1 student at a later date?
Is the priority date different for the child as his place of birth is UAE? or will he only get GC with the rest of his family?

Thank you

 

[SusieQQQ]

The child is a derivative - all derivatives get the same chargeability as the principal beneficiary. If he is under 21 (adjusted for pending approval time) when the priority date is current, then he can accompany her.
Any other non-immigrant visa he applies for, whether before she gets her visa, or after if he has aged out, will be judged on the basis of his situation at the time. As the child is only 7, it’s a little early to start contemplating college, no?

 

[hashitoxicosis]

Thank you susieqqq
I agree its a little early, but recent developments in India have made us think way into the future.
considering he is 7 and if the PD keeps the current trend he will probably be still not eligible for EV when he is 18. So as an applicant for pending EV, he won't be eligible for F1 correct?

 

[SusieQQQ]

Thank you susieqqq
I agree its a little early, but recent developments in India have made us think way into the future.
considering he is 7 and if the PD keeps the current trend he will probably be still not eligible for EV when he is 18. So as an applicant for pending EV, he won't be eligible for F1 correct?

I don’t understand your abbreviation, what is an EV?

By not eligible, do you mean the family’s visas will still be pending? He can still apply for F1 of course, but it will be hard to overcome the presumption of immigrant intent with a visa pending - although that may also depend how far away the priority date is at that stage. A lot can happen with PDs and waiting times in a decade but it seems reasonable to expect the wait will continue to lengthen over time.