Posted by: Bennedict April 3, 2022
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a4apple,
It is a complicated scenario and I do not want to be held responsible for any untoward happenings. The best bet would have been only sponsoring your mom for now and excluding you, but if your name has already been given in the I-130 petition, then for counselors, it means, you are intending to immigrate in future and hoping to procure immigration benefits. Technically, it may take lot of time until you reach the priority date after the approval and all those steps, (by the time which you may even complete your studies and you may cross your 21) but interview counselors will not look into that. They do not worry about how much time it may take, or whether you will be eligible for that particular immigration benefits or not. All they will care while making decision about your student visa application is that whether you have previously applied for any immigration petition or not.
Technically if the counselors see that you have applied for immigration benefits in the application, there is straight "No" from them if they go by book, but sometimes, the counselors "may" think differently, as each one of them is a different person. You may get the visa and get through but when it comes to the adjustment of status day at the end of your immigration petition, again, they will ask you all the details about how you entered USA and all and when they see the date you applied for I-130 and then the visa you came with, they "can" say you took advantage of student visa (non-immigration intent) to come here and immigrate. This might end up not so well then.
I wonder if anybody here in Sajha can ask the immigration lawyers regarding this matter. a4apple, I do not want to recommend you any ideas, it is going to be your call now. I am explaining the scenarios as they look out to me, but yes sometimes they may not play out the way we keep imagining, exceptions do exist everywhere. I request you to read more related articles on the internet.