Immigration Issues/need help in visa



My F1 visa is being rejected on June 2 at chennai consulate, INDIA.

My interview went like this

VO:Hello, How are you doing?
ME: Fine Sir
VO: mmmmm, have you applied for F4 Visa?
ME: No Sir, Its F1
VO: Do you know anyone is USA
ME: No, Sir.
VO: Tell about your family
ME: Told about my father, mother and brother
VO: Sorry sir, I can't issue a visa as your father's brother has applied for immigration for your father.
VO: Your visa is refused under 214(b)
ME: Thankyou,Sir.

I have checked the form i-130.  As per that form, when my uncle (father's younger brother, US citizen) applies for immigration for my father, seperate petition is not required for me if I am under the age of 21 years.  But now I am 22 years of age. May I know why they have rejected my visa under potential immigrant.

Does the age constraint of 21years is applicable at the time of applying the petition or at the time of reviewing of our application?

Can you please suggest me, what should I do now to get into USA for my education?

If we cancel the immigration petition, will the US govt. issue me F1 visa ?

else, should i wait till my father  get immigrated and then he apply for me? But how long will it take for his application to be reviewed?

My dad's mother is also US citizen and right now she is with us in INDIA. Can she file immigration for his son (my father) who can inturn file immigration to me.How long does this process take?


Under the Child Protection Act, you are still eligible to get asn immigrant visa with your father even though you arenow over 21. Those petitions take many years, when did your uncle apply for your father?

I can  not guarantee that if your uncle withdraws the petition, that they will give you a student visa. They may feel the petition is being withdrawn as a way to get you in quicker and that you intend to stay forever.

If the petition has or will have a current priority date soon, I would wait and immigrate with your father. Your grandmother's new petition would not benefit you since you are now over 21- it would only get your dad a green card and then it would be many years before you could get a green card thru him.



Immigration Issues

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Robert Hollander<B> Esq.</B>



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