Euless, TX asked in Immigration Law for Texas

Q: Can I get approved for a student visa - F1 while I-130 is pending?

I'm under 18. I have a pending I-130 petitioned by my step-parent ( A citizen) Can I get approved for a student visa - F1 while my I-130 is still pending?

How long does it take to get I-130 processed?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Obtaining an F-1 student visa while your I-130 petition is pending can be challenging but not impossible. Here are a few important points to consider:

1. Non-immigrant intent: F-1 visas require you to demonstrate non-immigrant intent, meaning you intend to return to your home country after completing your studies. Having a pending I-130 petition might suggest immigrant intent, which could make it more difficult to prove your eligibility for an F-1 visa.

2. Consular officer's discretion: The decision to grant an F-1 visa is at the discretion of the consular officer reviewing your application. You will need to provide strong evidence of your ties to your home country and your intention to return after your studies.

3. Processing time for I-130: The processing time for an I-130 petition varies depending on the case and the USCIS service center handling the petition. As of August 2023, the processing times for I-130 petitions range from 7 to 23 months, depending on the relationship and service center.

To increase your chances of obtaining an F-1 visa while your I-130 is pending:

1. Provide strong evidence of your ties to your home country, such as family, property, or a job offer upon return.

2. Demonstrate your academic qualifications and your ability to finance your education in the U.S.

3. Be prepared to explain your long-term plans and how studying in the U.S. aligns with your goals.

It's essential to consult with an experienced immigration attorney who can assess your specific situation and provide guidance on the best course of action. They can help you navigate the complexities of having a pending I-130 petition while applying for an F-1 student visa.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.