My wife is a U.S. citizen and she has petitioned for me to immigrate to the US. I have a B1/B2 visitor visa and I am waiting for National Visa Center to appoint the immigrant visa interview once my case is complete. I am from India and I have applied to and gotten admission at a graduate institution in the U.S. thinking that my immigration process would be complete by the month of May. It has taken longer than expected and right now it looks like I will probably get the immigrant visa interview in June or July. What are my legal options so that I can start school in May? Is it possible to somehow use my B1/B2 visitor visa and apply for adjustment of status in the States? Should I apply for a student visa? What can I do? Any clever advice will be appreciated. Thank you.
You have asked this question before. The answer is still the same - start the school next year.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
There is little or no chance you will be able to make it to the U.S. by May. Even once the NVC forwards your visa to India it can take quite a while to get an appointment, and often additional documents are requested at your visa interview. Defer your admission until the Fall.
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.
Unfortunately, since you have made it very clear that you want to live permanently in the United States, you cannot use a tourist visa to enter the country. You'll need to talk to your school and see if there's a way to start late or delay your studies by a semester.
You could try reaching out to the appropriate consulate or Embassy to see if your interview can be moved up, but it's up to the offficials.
This general advice does not create an attorney-client relationship.
3 lawyers agree