visitor visa when immigration petition submitted??

bcmingsane

New Member
Hello
I am a resident of India.
My uncle had filed for immigration petition for my mother (his sister) in year 2006. It got approved in 2009. I am currently 25 years old and apparently not eligible for immigration. I wanted to know what are my chances of getting a visitor visa/student visa in such a situation when I am having an approved immigration petition ( though not eligible for it ) ??
Thanks in advance
 
You do not have any approved immigrant petition as you CANNOT be included in your mother's petition by her brother. You are too old and do not qualify for inclusion. It is not an issue in your application for a nonimmigrant visa.
 
Thanks BigJoe5

Are you really sure about this?? I was 20 years 4 months at the tym of priority date?? It seems that I would not be eligible for for CSPA..but are you sure that if I am no longer eligible then I would not have any issue with my non immigrant visa?? VO wud still know I have a petition??
Thanks again for ur help!!
 
Thanks Triple citizen
difference b/w priority date and approval date - 3 years 8 months
my age at time of priority date - 20 years 4 months
In F-4 category it is goin slow and it looks like minimum 2 years before priority date becomes current.

Suppose I am not eligible for immigrant visa..in such a situation what are my chances of getting a NON IMMIGRANT VISA now ???
 
That means you should be under 24 years and 8 months when your mother gets her greencard. Since you are already 25, you are not eligible.
Your chances of getting a NIV depend on whether you can overcome 214(b). Your mother's I-130 should not make life any more easy or difficult for you in my opinion.


difference b/w priority date and approval date - 3 years 8 months

Suppose I am not eligible for immigrant visa..in such a situation what are my chances of getting a NON IMMIGRANT VISA now ???
 
Top