YOu can still apply DV Visa . No restriction in any case for DV visa sathi !

Pokhrelikanchi · May 8, 2012 1:57 PM

Did your Brother already applied I-130 or no? If no then you can try to get F1 or any visa and he can apply for you after you are here .

Pokhrelikanchi · May 8, 2012 1:59 PM

sathi haru , I wanted to know some related kind of situation if any body is aware of " Brother  is  CitiZen  in USA.  They have  Applied I-130 application for their brother in Nepal and its already been 2 years now . I was also told that it will take around 10+ years to get GC if you go through this . So if This  Nepal  brother has to come to USA for his School like in F1  or any other visa like Visitor Visa - Can they apply for the Visa and would Embassy resctrict other visa since his immigration visa is going on ." ? Has any body heard of some thing like this before ?

Pokhrelikanchi · May 8, 2012 2:32 PM

 I have got the same question, I am a US citizen and my brother is currently in F1 doing masters in Physics. Is it a good idea to sponsor him? or let him apply for H1 if he finds a job after graduation??

looser · May 8, 2012 6:52 PM

Somebody Please help us !

Pokhrelikanchi · May 9, 2012 8:00 AM

I don't know the case but I used to know a guys whose brother filed for him back in 97 and he was telling me that he is student back on 05. I know he got his GC. I am not sure if his status was student or any other since I didn't check his papers. One thing was for sure that he was on US while he got his GC.

PeaceSoul · May 10, 2012 7:35 AM

Once your brother apply for I130; it shows that you intend to immigrate US at some point. For, F1 visa and for tourist visa, you need to convince the counsellor that you do not have any intention to immigrate to US which after applying I130 is not possible. The best thing to do is to apply for tourist visa/f1 visa before you apply I130. I personally know a person whose visa has been repeatedly denied because of this.

sagarmatha1 · May 10, 2012 8:45 PM

If my brother applies for my GC, then am I allowed to enter the Diversity Visa lottery?

klf · May 14, 2012 11:07 AM

yes

Pokhrelikanchi · May 14, 2012 11:11 AM

not an expert in the matter but here is my general understanding and so far what i have heard ... if you are getting sponsored by someone already for a GC then u can apply for a tourist visa or F1 visa but the chances are very few that u will get accepted coz they are already processing your case, and its always recommended that you have to be honest and tell them if you have evera applied or  someone else has applied on your behalf for the visa. and they definitely know that you are not going to come back, so they wont issue a tourist/student visa. and if you already have the case pending and u lied to the embassy about it and even got a visa to come here, later on if they find out about it, then its considered a federal crime ( one of the immigration lawyer told to one of my friend who was trying to get his wife here on f1, even though he has filed for her GC). hope that helps

dHwasE · May 14, 2012 1:55 PM

@ wonton - I think so untill his visa expires  .

Pokhrelikanchi · May 14, 2012 2:34 PM

Of all comments here, 'sagarmathai's comment is the absolute truth. "Once your brother apply for I130; it shows that you intend to immigrate US at some point. For, F1 visa and for tourist visa, you need to convince the counsellor that you do not have any intention to immigrate to US which after applying I130 is not possible. The best thing to do is to apply for tourist visa/f1 visa before you apply I130. I personally know a person whose visa has been repeatedly denied because of this."

bittertruth · May 14, 2012 9:54 PM

@bittertruth          I got the answer . What can my brother do,tell  to get Student visa from Nepal to USA even though his immigration visa is going on ? Any idea on how he can present himself to get it ?

Pokhrelikanchi · May 15, 2012 8:05 AM

@pokhreliKanchi, if someone living in US has already filed a petition for your brother living in Nepal, here is what your brother should do: -WAIT.. Just WAIT..                             But, if your brother choose to apply for Student Visa, in the hope to expedite his process to be here in the US, he could be denied outright. Guess what, it's just a click away from getting whole scenario on what's going on. The guy working in the embassy has access to all your files and datas. Don't try to fool them.                             I-130 and Student Visa have different purposes. Don't jeopardize it, and tell your brother to wait. There is nothing he can do for now. If I were him, I wouldn't apply for student visa. Not at all.

bittertruth · May 15, 2012 11:01 AM

 Here is what I found in USCIS. I think it's close (or same) to your situation: Can my sibling come to the United States to live while the visa petition is pending? There is no avenue for your sibling to enter the United States prior to immigration on the basis of a pending Form I-130.  In most instances, the beneficiary of a pending or approved immigrant visa will not be eligible for a nonimmigrant visa, although certain exceptions may apply. http://www.uscis.gov/portal/si...

guchcha chor · May 16, 2012 4:32 AM

That link from 'uscis' proves the whole say. "certain exceptions may apply." <<<----<<<<<< This could very much mean, for example,  you've to have millions of dollars and you're ready to start business in US with ability to hire workforce here in US which I think might be far from reality in your case or you must be diplomatic VIP with certain cause or invitee of US goverment for certain reason. 

bittertruth · May 16, 2012 9:44 AM