Q: I have filed I-130 for my spouse but have not added my step children to the petition. I plan to do so. My stepson and
stepdaughter were denied 6 month visa (assuming it was because my wife stated that we had filed for status). Does either of these situations, being filed on petition or the visa denial affect my stepdaughters ability to obtain a student visa as she will be attending college next year? we are concerned that she would not be able to attend college in the U.S. on student visa if the perm status is still processing.
A:
I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.
I would recommend that you file separate I-130 petitions for each step-child.
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