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Immigration Issues/student visa while i-130 pending

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Question
Hi,
my question is somehow similar to Michael's question (http://en.allexperts.com/q/Immigration-Issues-344/2011/3/Student-visa-130-pendin.
My parents are us citizens and they have applied for me on 2006. my application is pending for priority date on visa bulletin. at that time they lived in USA but now they live here#Iran) with me. but my brother still lives in Los Angeles.
I applied for university in Illinois and they accept my admission. so in a next month I will go to the embassy.
I know that my chance is less than 10%and I want to increase my chance so I want to say the officer :
1-at that time I wanted to visit my parents but now they are with me.
2-I have a girlfriend that we are going to marry after I finish my study
3-I can proof that I have Possession of assets and real estate in Iran

do these explanation can help me?
what else can I tell/show to increase my chance ?

I look forward to hearing from you
Thank you in advance

Answer
Dear Mehdi,

The problem is immigrant intent.  If your US citizen parents have applied for you before, and the application is pending, you are presumed to have immigrant intent and the officer can refuse your visa on that ground.

To overcome immigrant intent, you must withdraw the I-130 that was filed by your parents.  I do not believe it is possible to have a pending/approved I-130 and be issued a student visa.  Of course the Embassy officer can exercise discretion and issue you the visa, but the likelihood of that happening is very low and you should not count on it.

Your explanation has nothing to do with the problem.  They are no solutions to immigrant intent problem.

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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