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Am I eligible for student visa if my parents hold green card?

San Mateo, CA |

I am from India and I will be joining Cornell to pursue my PhD studies on scholarship starting this spring. My parents hold green card and are presently in US. They plan to return back to India in Janurary 2013.
Now, my question is as F1 (student visa) requires strong ties to home country, will my petition for visa be rejected as my parents hold green card?
Also I do not plan to stay in US after my PhD. I want to return back to India. Can some one please guide me on how should I present my case to visa counsellor? Or what necessary requisite steps I should take to guard against visa counsellors axe?

I will be highly obliged if someone can provide me guidance and tips.
Sincerely,
Nick

Attorney Answers 3


  1. Best answer

    You would want to consult with an immigration attorney. You are right to be concerned. What are job opportunities for PHD people in india? Does you family have property there? what's your extended family there? Do you have the ability to live well in India? document that before you go to the embassy. Has anyone given you a job offer contingent on the PHD?

    This is a general answer only and does not imply that I am your attorney giving advice with full knowledge of all the particulars of your case or that there is any attorney client relationship. I strongly urge you to retain experienced legal counsel who can better advise you once they have reviewed all your documentation and are fully apprised of the details of your case. Rebecca Black Immigration 5800 Beach Blvd. Ste 203-176 Jacksonville, FL 32207 904-999-4928 Tel & Fax


  2. You need to demonstrate that you have no intention of remaining in the U.S. You need to overcome the officer's assumption that since your parents are permanent residents, you intend to live in the US permanently.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Subscribe to our Free Immigration Newsletter
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. Your parents' resident status will be considered for your visa application but is not necessarily a "kiss of death" if you can demonstrate strong home ties and job prospects in India. Your parents' reasons for returning to India will also be a factor. On a side note, your parents should take steps that allows them to maintain their resident status if they plan a longer absence.

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