My Sister has got married to a Greencard holder and he is yet to file for her I-130. Can she travel to the USA on a student visa if she is selected for some course there? If yes, what are her chances of getting the student visa? During the time she is in the USA on student visa, can her husband file her I-130?
She should not travel because she clearly has immigrant intent and may be refused admission to the U.S.
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Carl Shusterman, Esq.
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(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.
F1applicants are not suppose to have immigrant intent. As she is married to a permanent resident the consular officer will presume immigrant intent in all probability. If she makes honest declarations in regards to being married to a permanent resident on all forms and in response to any questions asked by consular officer/ customs border patrol officer and is still issued a f1 and permitted to enter the u.s her husband can of course file an I-130 for her while she is here in f1 status. But it is highly unlikely that she will permitted to come on an f1
Yes she can of issued one. She will not be because it is her burden to prove absence of an immigrant intent which she will be having hard time doing.
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