Student Visa Quesiton

[megshah]

Hello All,

My husband and I are US Citizen. MY Husband came to US on Student Visa. He became US Citizen based on our marriage. Since he became citizen, he applied for his mother’s green card, and we have received her approval. He also has an 18 year old sister (half-sister) who is in college in India. Once his mom’s Green Card Process is completed, we are planning to apply for His sister’s green card on his mother’s bases. We wanted to apply for her student visa. Is it advisable?? We have heard different suggestions. Some say that if she comes here on bases of student visa, we will be able to do adjustment of status which will take 3 years. Some say that she will have to go back to India. Do we need to disclose that, her mother’s approved for Green Card??? If we don’t how will that affect my sister-in-law’s green card processing?? Also, in 2005 my sister-in-law and mother-in-law were rejected Visitor visa. She was rejected because; she might do same as her brother and not return to India. Any help will be appreciated….

Thanks in advance.
Meghna

 

[megshah]

Anyone??? Any advice will be much appreciated!!!!!

 

[kabkaba]

It seems quite likely that F1 will be rejected because of immigrant intent. (Not only that she may not be able to show otherwise, she actually has immigrant intent) How to evade showing immigrant intent that you have is anybody's guess.

 

[Triple Citizen]

It will be quicker if the mother sponsors her daughter.

Once his mom’s Green Card Process is completed, we are planning to apply for His sister’s green card on his mother’s bases.

You cannot apply for her student visa. She will apply on her own.

We wanted to apply for her student visa.

Only when her priority becomes current and she will need to maintain her status somehow until that happens. Most likely 5-6 years and not 3.

Some say that if she comes here on bases of student visa, we will be able to do adjustment of status which will take 3 years. Some say that she will have to go back to India.

She will not have a choice. If she applies for a student visa she has to mention that her mother holds a GC.

Do we need to disclose that, her mother’s approved for Green Card??? If we don’t how will that affect my sister-in-law’s green card processing??

She fell victim to 214(b). Most common reason for NIV visa refusal. She ended up paying the price for her brother's actions. This too is not uncommon.

Also, in 2005 my sister-in-law and mother-in-law were rejected Visitor visa. She was rejected because; she might do same as her brother and not return to India.