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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108961
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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What are my chances of getting f1 visa from a consulate abroad

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What are my chances of getting f1 visa from a consulate abroad , after changing here form b2. I was here for 8y. , now want to travel back to my country(Bulgaria), and need visa stamp. My husband is here on overstayed j1, and I have approved petition from my sister(2008 priority date).
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

What status are you currently under? Did you acquire that status before you sister filed the I-130 for you or after?
Customer: replied 4 years ago.

f1, change in 2005, my sister applied in 2008

Ok. That's a big problem. Why? Because when you got your F-1, you did not have immigrant intent. Now you do because there is an I-130 filed for you. If you leave the U.S., then chances of you being able to come back on an F-1 visa or B-2 are very slim. You would have to come back on an H-1B or something that is a dual intent visa and an F-1 and B-2 are not one of those. So honestly I do not think you should leave the U.S. because your chances of being able to come back are slim on either of those two visas. Also, much less because your husband has also overstayed. So they will assume you will do the same. I am truly sorry for the bad news. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to Thank you!
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