We are from India with an I-526 petition approved in April. We are yet to hear from NVC and we have heard from some people that they are yet to be scheduled for an interview despite more than 9 months after their I-526 approval.
My dependent child will be applying for USA grad schools and would need to get his visa in some months. What problems will we have if the NVC interview is not scheduled till the date of his student visa? What if the NVC interview is done but we haven”t received the green card in time that he needs a student visa?
Answers
Lynne Feldman
Immigration Attorneys DirectoryStudent visa should be OK - the child should indicate they will be consular processing for the green card when the time comes and has a clear intent to return to their home country.
Dale Schwartz
Immigration Attorneys DirectoryYes; the child can''t attend school without a proper visa. What will his status be while the I-526 is pending? He may need to apply for a student visa.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryIt should be OK; you must disclose it on the application and be prepared to address it at the interview. Your attorney should guide you in how to explain the immigrant intent.
Fredrick W Voigtmann
Immigration Attorneys DirectoryAny interview will be held at the U.S. embassy or consular office. Each applicant for a nonimmigrant visa, such as a student visa, must complete a DS-160 visa application form, which typically asks if the applicant has filed an immigrant petition or if any immigrant petition has been filed on the applicant''s behalf. In the case of a dependent/derivative applicant, the answer is always “no” as long as there are no other immigrant petitions filed on the dependent’s behalf. The issue will be if the immigrant (EB-5) case comes up at the nonimmigrant (F-1 student) visa interview. The applicant is required to answer truthfully, but is not required to volunteer information or answer questions that are not asked by the consular officer. A clear expression or indication of immigrant intent could be grounds to deny a nonimmigrant student visa such as an F-1 student visa. The timing of the interviews will be important. If the EB-5 interview is first and the immigrant visas are approved, then the F-1 student visa interview is moot. If the F-1 student visa interview is first, then the consular officer might deny that visa application if prospective student’s intention is to obtain a green card through his/her parent’s EB-5 case.
Linda Liang
Immigration Attorneys DirectoryYes. I-526 approval is not equivalent to permanent residence. Beneficiary and derivative beneficiaries are required to stay in legal status.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryIf your child can show nonimmigrant intent at the time of the interview, he should be able to get a student visa.
F Oliver Yang
Immigration Attorneys DirectoryYour child can still apply for a student visa. As long as he is truthful it would not affect his eligibility for a green card. There is a likelihood that the student visa may get denied based on immigrant intent though.
Stephen Berman
Immigration Attorneys DirectoryIt is not a problem for him to come to the U.S. on a student visa. He can file for adjustment of status when he is in the U.S.
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