+1-800-997-1228
Questions & Answers

How would an F-1 visa refusal affect I-526 consideration?

Myself, my wife, and my four year old daughter all have valid B-1/B-2 visas. In Sept. 2015 we submitted the I-526 and are waiting for approval. We want to study English in the United States for 3-6 months on an F-1 visa, and then go back home for consular processing. As far as I understand, our main goal is to convince the consul that we will return home after studying. Do we have any chance of obtaining F-1 visas for both of us? In case of an F-1 refusal, will it have any effect on our I-526 consideration?

Answers

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    An F-1 student visa applicant must demonstrate that he or she is not an intending immigrant to the United States. This is done by providing evidence of sufficient home country ties to the consular officer at the visa interview. In the event your F-1/F-2 visa applications are denied, it should not have any effect on your I-526 petition.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There may be some difficulty in securing F-1 visas for both of you for at least three reasons. First, it is being planned subsequent to the I-526 immigrant visa filing; in most cases B-1/B-2 visas are issued to individuals who have indicated they have no immigrant intent, which is precisely what your I-526 filing seems to indicate. Second, you are currently on B-1/B-2 visas, which typically last for roughly six months, and unless you have an extension now, your B-1/B-2 might have expired by this time. Last but not the least, most F-1 visas nowadays are not issued to individuals on B-1/B-2 visitors visas and you may be directed to go to your home country to pick up the F-1 visa. Considering your I-526 immigrant filing is pending, an F-1 visa may or may not be granted. Consult an immigration attorney on these questions and issues before proceeding further.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Provided you are truthful in your F-1 application, it should not adversely impact your I-526 adjudication if you are denied. To obtain a student visa you need to show that you have a serious intent to study, and have an intent to return home, which is difficult considering you have already filed an immigrant visa petition. However, if you can show you have a genuine intent to study, there is some chance of success.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    The issue in an F-1 visa or any other nonimmigrant visa denial is whether you have immigrant intent, so that you will not return after coming into the United States. Unfortunately, having filed the I-526, you have already shown intent to immigrate. If you could convince the consulate officer that you intend to consular process and be interviewed back home when the I-526 is approved, then you may be able to get your F-1 visa. Denial of the F-1, however, will not negatively affect your immigrant visa (EB-5).

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Not so much for the I-526, but when applying for the visa at the consulate or through USCIS, you will be asked about any visa denials. Working with an experienced immigration attorney can help you prepare for these questions.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    A refusal of an F-1 should have no effect on your EB-5 application. The consular process for F-1 student visas many times depends on which consulate. If your country has had a lot of F-1 overstays, it might be difficult for you to obtain one with an application for an immigrant visa pending.

  • Avatar

    Ian E Scott

    Immigration Attorney
    Answered on

    If your F-1 visa is refused, it will not impact an I-526 application.

  • Avatar

    Abhinav Lohia

    Immigration Attorney
    Answered on

    By filing an I-526 you have already shown immigrant intent, which makes getting a student visa difficult especially in South Asia and the Middle East. It is almost impossible to convince the interviewing officer that you will return to your home country. Technically denial of an F-1 visa should not have a bearing on your I-526. The answer depends on your immigration history and other factors; consult an immigration attorney.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.