After receiving a full scholarship to a master's program at a prominent American university, a student is now encountering an unforeseen obstacle with her visa application.  Her family's previous immigration petition, which was filed years ago, is the problem.  In an F4 petition—a family-based green card application supported by his brother—her father was the primary applicant.  Her father tragically died during the COVID outbreak, and the case was closed before the family could attend their visa interview. It took an astounding 15 years for the petition to become current.
 
She is now faced with a challenging question when completing the DS-160 form, which is part of her application for an F1 visa: has she ever filed for an immigrant visa?  Given that she was merely a derivative beneficiary and not the initial applicant, the conundrum is whether she should respond "yes."  Some attorneys argue that it's acceptable to say "no" because she wasn't the primary candidate. Others can warn, though, that USCIS and consulates take immigrant intent very seriously and that a mistaken response could cause problems later.

In order to ascertain whether a student truly intends to return home after completing their education, immigration agents frequently review previous applications.  The consulate may believe she has long-term plans to settle in the united states if they notice a prior immigrant petition linked to her.  It is crucial to be truthful while applying for a visa because even small inaccuracies might lead to rejection or ban. Derivative beneficiaries' names are still associated with the petition even though they do not actively apply for green cards, and being open and honest can help prevent issues.

Her academic accomplishments, specific job goals, and convincing evidence of her indian roots should all be highlighted in a compelling case.  A well-prepared interview might assist officers reassure them that her purpose is only to study and not to immigrate permanently, even though previous petitions may raise suspicions.
 
 
 
 
 
 
 
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F1 Visa

G GOWTHAM

25/03/2025 11:13 AM