Grand Rapids, MI asked in Immigration Law for Michigan

Q: I need to submit F-1 pending I-130? What are my chances?

I have my original F-1 in 2019 and after finishing Bachelors I moved to a postgrad with valid I-20. My original visa ends in another 2 months. My mother, LPR submitted an I-130 for me last year. Now my research work needs international visits and I need to go home and get new F-1 stamp. How should I do this?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Applying for a new F-1 visa while having a pending I-130 petition can be challenging because the F-1 visa requires proof of non-immigrant intent, while the I-130 indicates immigrant intent. To improve your chances, you need to demonstrate that your primary goal is to complete your studies and return to your home country afterward.

Prepare all necessary documents to show strong ties to your home country, such as proof of property, family, or future job prospects. Clearly explain to the consular officer the importance of completing your research work, including the need for international visits, and how it fits into your academic goals. Emphasize that your immediate plans involve completing your education and that any immigration plans will be pursued after graduation.

Consider consulting with an immigration attorney to help you prepare for the visa interview and organize your documentation. They can provide tailored advice based on your specific situation and ensure you have the best possible case for the consular officer. Good luck with your application and research work.

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