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I am a us citizen have applied for my unmarried daughter 25 years older , for immigration in 2011.

Mishawaka, IN |

The process is taking too much time ,is it advisable that i should apply for her student visa.Will the student visa complicate the pending application of immigration(I 130).I hope they do not deny.

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Attorney answers 6

Best Answer

The US consulate, realizing that your daughter has an immigrant petition pending will most likely deny her application for a temporary nonimmigrant (student) visa, based on INA Section 214(b)'s immigrant intent presumption.

The mere fact that your daughter has an immigrant visa petition pending is the proof of her intent to immigrate and remain permanently in the US. Thus, an application for a temporary visa at this time will be viewed as an attempt to "circumvent" existing immigration laws by attempting to find a "short cut" to the immigrant visa's waiting period.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


It is difficult to obtain a temporary student when one is under petition for permanent residence.

(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.


U.S. consulates and embassies seldom issue non-immigrant visas to the individuals in cases where an immigrant visa petition has already been filed on their behalf by a family member in the U.S. I agree with the previous answer.


Student visas require the intent to return home / abroad. That is contra to an I-130 which requires an intent to remain in the U.S. They don't work together.


Depending on how you got your permanent residency there may be another way of expediting your daughter's immigration to the U.S. If you got your permanent residency because your U.S. citizen spouse or adult child petitioned for you, or through the diversity visa lottery, then your daughter will probably just have to wait for her place in line to be reached. But if you received permanent residency through the petition of another relative, or through employment, then there may be a way to expedite her immigration. Please add a comment to this message if this is the case and I will be happy to explain the details.


Denial is quite possible. Best Wishes!
Lalita Haran
Attorney: Immigration Law
13205 Illinois St., Ste. 128
Carmel IN 46032
Ph: (317) 660-6174