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Immigration Issues/Student visa while i-130 pending

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Question
Hello,

My little brother applied a green card application for me and was approved. The priority date is 2007 and is still left for 7 years. In this year, i am attending to a graduate school majoring in accounting. I heard that since my i-130 is pending, highly i will not get approval for my student visa which the visa only accepts single intent "study". However, the thing is that, even though my brother and my parents live in the states and i am waiting for my green card, i will come back to Korea. I got a word from my uncle that he will hire me in his business. So obviously, i wont stay in the states after my study.

I know that i have to prove this fact.  Also, when i was submitting my graduate application, i submitted the financial proof that I and my mother will pay the tuition. However, after researching on the Internet, i found out that on the f-1 visa interview, the sponsor should not be someone in America. So I will ask my uncle to sponsor me.

So here is the question.
1. would it be a problem that my uncle is a sponsor while f1 visa interview and the i-20 says my mother is the sponsor?

2. would my uncle's official letter, saying he will hire me, would be enough to convince consulate?

3. what other things do i need to do to raise my possibility to get the student visa? and how is my chances to get the student visa?

4. I have a B2 multiple visit visa and currently in America for graduate interviews and tour. I heard that if i fail to get my student visa due to the immigrant intent, my B2 visa will also be canceled. Is it true?

I will really appreciate your help and hope an honest opinion so i be prepared if i fail to get a student visa. Thanks

Personal information: I've been graduated from a good university in Korea and worked as an English teacher for one year to make some money. Now applied to several graduate schools and waiting for admissions from several schools. Visited America twice and never overstayed. Own an apartment on my name.

Answer
Hello Michael,

Below are your questions and my responses:

So here is the question.
1. would it be a problem that my uncle is a sponsor while f1 visa interview and the i-20 says my mother is the sponsor?

NO. AS LONG AS YOU SHOW YOU HAVE SUFFICIENT FUNDS TO COMPLETE YOUR STUDY, IT DOES NOT MATTER WHO THE SPONSOR IS.

2. would my uncle's official letter, saying he will hire me, would be enough to convince consulate?

HIS LETTER SHOULD BE ON COMPANY LETTERHEAD AND SPECIFY THAT HE IS SENDING YOU TO THE US TO LEARN MORE ABOUT ACCOUNTING SO THAT HE WILL HIRE YOU AFTER YOUR STUDIES AND PAY YOU REGULAR WAGES.

3. what other things do i need to do to raise my possibility to get the student visa? and how is my chances to get the student visa?

A) RAISE CHANCE: BRING MORE PROOF THAT YOU WILL RETURN TO KOREA AFTER YOUR STUDY (POSSESSION OF ASSETS AND REAL ESTATE IN KOREA

B) YOUR CHANCE IS NOT GREAT, BUT IT REALLY DEPENDS ON HOW WELL YOU ANSWER QUESTIONS AT THE INTERVIEW WITH THE EMBASSY OFFICER.

4. I have a B2 multiple visit visa and currently in America for graduate interviews and tour. I heard that if i fail to get my student visa due to the immigrant intent, my B2 visa will also be canceled. Is it true?

NO THAT IS NOT TRUE.  YOU CAN STILL USE YOUR B2 TO ENTER THE US.  HOWEVER, IF YOU GOT DENIED F-1 AND USED B2 TO ENTER AND TRIES TO CHANGE TO F1 IN THE UNITED STATES YOU MAY BE DENIED BASED ON PRECONCEIVED INTENT TO STUDY.

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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