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Can my family come visit me to the USA?

Myrtle Beach, SC |

Hello, I am a F1 visa holder ( I am from Ukraine). My visa is valid till June 2015. But I dropped my classes December 2012 and didn't go to college since then. My sister wants to visit me (tourist visa). Is she taking a risk of a visa denial because I failed to maintain my F1 visa status? Thank you.

Attorney Answers 4


  1. Not only is she have a good chance at denial, you'll be putting yourself on the radar for deportation for failure to maintain your status. Also, since five months have passed you cannot file for reinstatement. You may want to focus on what you can do to save yourself before you think about your sister visiting.


  2. She is presumed to have immigrant intent unless she can prove to a consular officer that she will return (show that she has employment, immediate relative, property in her country of origin). The fact that you are here in violation of your student visa is a factor that would indicate to an officer that she would probably want to not want to visit you, but live with you.


  3. Your rationale is correct. Let me explain:
    1"But I dropped my classes December 2012 and didn't go to college since then." Your failure to maintain F-1 status rendered you out of a valid F-1 status, despite the fact that it was valid until June 2015,
    2. Any non immigrant visa applicant is required to list family members and their status in the United States in Consular Visa applications and if upon verification the Consular Section learns of your failure to maintain your legal status it will not issue a visitor's visa to your sibling as any visa grants are always discretionary.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602


  4. Yes, and you risk deportation when she comes as well.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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