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Immigration Issues/student visa application


My son lives in mexico now and he is attending high school over there. He has a border crossing visa B/1, (visitor or tourist) to come to the U.S. Myself, I've got my permanent resident card (green card) last year, and I applied I-130 for my son on january 2006.
Is he elegible to apply for a F-1 visa student to come to the US and start college, without affecting the prior application I submitted on his behalf? Or what are the available alternatives for us in this case?

Followup To

Question -
I am a permanent resident and I have applied an I130 (still in process) for my son who just turned 18 yrs. old.  I want him to start college here in the USA next semester (he will finish HS next month) and file an application for a F1 student visa.   Can you tell me if this is possible eventhough there is another application filed? Doing this could afect him in any way?   I would appreciate any advise you could give me.

Answer -
If he is not in legal status now, he can not ask for a studnet visa. When did you file for him? when did you get your green card?



There is nothing that prevents him from applying for a student visa. To do so, you need to find a school to issue you an I-20 documentand then use that to apply for the student visa. It will not affect your petition for him, but the petition could be the reason why they would deny him the student visa. There is a conflict between the student visa that one is supposed to intend to return to the country after studies and the application you filed for him which says he wants to stay forever.



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Robert Hollander<B> Esq.</B>



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