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

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.