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How will having a pending I-526 application affect my daughter’s F-1 application process?

I plan to file my I-526 in September 2017. My 17-year-old daughter will be listed as a dependent. She will also be applying for an F-1 visa in May 2019. If my I-526 is approved by that time, how will it impact her chances of getting the F-1, given that she will be listed as a dependent on the I-526? Is she likely to face an issue at customs if she has an F-1 and an approved I-526?

Answers

  • Avatar

    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    It may depend on whether your daughter is applying overseas for the F-1 visa at the consulate or if she is seeking a change of status now. When applying overseas, one of the current questions on the consular application (called the DS-160) is whether she has ever been the beneficiary of an immigrant petition. Please consult with an experienced immigration attorney before moving forward.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Having an immigrant visa application processing can impact the ability to obtain a student visa. The standards have recently been clarified and the news is not good.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If your I-526 is approved by then, she can enter the U.S. with an immigrant visa shortly thereafter.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    Your daughter should be fine, but your I-526 attorney should review her DS-160 and prep her for the F-1 interview/entry.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Her F-1application will not be affected if she is included as a derivative dependent on your I-526 because she is not the primary applicant of the immigrant petition.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The fact that I-526 has been approved should not affect the chances of your daughter entering on F-1.

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    Stephen Berman

    Immigration Attorney
    Answered on

    She will have to mark that she is a derivative beneficiary of an immigrant visa. This will make it harder to prove she has no intent to immigrate to the U.S.

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