Not the end of the world here but two main obstacles. Getting F1 visa wont be easy as they will know you are here. AOS gets complicated later as she will have entered on F1 with is not dual intent. USCIS may ask her to go back again to nepal and go through the gc process. Better to wait it out.

maxpayne · Dec 16, 2021 11:24 AM

Maxpayne is partially correct. The second part, AOS gets complicated, is a BS. They dont give a crap how u entered, as long as she is/was ten printed and admitted legally in US. So, if you can get here in f1 when your AOS is pending, you are golden. BTW are you a citizen, how long has it been. For Cal centre shows more than 2 yrs of processing time. Is that correct?

LeoDiCaprio · Dec 17, 2021 1:18 PM

Hello All, My niece wants to pursue her higher studies in the states next year. An I130 Petition has been approved for her mother( my sister). My niece is one of her dependents listed in I130application. Does this have any impact on her chances of getting F-1 visa? She is a very bright student and looking at her academic records I don't have any doubt she won't get the visa. But the fact that her name as the dependent of the beneficiary concerns me. Will she be asked to wait for her mother to get green card? Any insights and suggestion will be helpful. Thank you.

bato_vuleko_manchhe · Dec 19, 2021 8:48 PM

This topic keeps repeating on and on. Well, when you filed I-130 on somebody's behalf, it means, you want the person being petitioned to immigrate in near future when conditions apply. You have basically defined the "immigration intent" in black and white. And then the same person when wants to apply for student visas after somebody has already filed the I-130, it shows the conflict of interest to USCIS, as you may know student visa holds "non-immigration intent", meaning you have to return after completing your studies. I believe, when you apply for the student visas, you have to mention somewhere in the form, if somebody has applied I-130 or employment sponsorship on your behalf. These actions will have their bearings on the decision made by USCIS. You might get I-20 from schools quite easily and you may submit the application for student visa easily (I believe), but it is high likely the interview counselors will reject the case as technically you are contradicting the meaning of student visa (for the petitioned person who is not in the states). And if the same person is already in the country (in whatever status), then changing to student visas while somebody has filed you immigration petitions already is like next to impossible.

Bennedict · Dec 20, 2021 9:50 AM

@LeoI kind of agree and disagree to your say. They may not give crap to how you entered as long as you are admitted legally, but we have to be cautious from every side, just because you saw cases where they did not give a crap does not mean every other USCIS employee will. Just like how every other interviews with immigration counselors is different in Nepal and in here as well. No two people are the same, right? Some counselors may be too finicky and stickler about rules and regulations and some may be not. Yeah some people "can" get student visas while his or her immigration petitions are running, I do not deny that. And again it is because every counselor is different and the way they handle their cases are different as well. Maxpayne is talking about the potential roadblock that can cause hindrance later as the person came in student visa but with the "intent to immigrate" which may not go down well with USICS while at AOS stage, but this is again a "potential roadblock. Play safe!

Bennedict · Dec 20, 2021 10:09 AM