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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109304
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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In early 2013 our USC sister submitted an immigration

Customer Question

In early 2013 our USC sister submitted an immigration petition for our brother
Abdul Qadir. USCIS confirmed it by receipt No. WAC(###) ###-####It is pending until
it comes up for processing .Meantime , Abdul Qadir wants to come and go to school in USA.
Please advise ,will his applying for a student visa vacate or in any way jeopardize the
pending petition. Thank you ***** ***@******.***
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

You are asking if applying for an F-1 student visa will cause the I-130 immigrant petition any issue?

Customer: replied 1 year ago.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

In that regard, I have good news. No, filing for an F-1 student status would have no negative effect on a pending I-130 petition. However, the other way around, I have bad news. Because the I-130 is pending, it will be very difficult to get an F-1 student status approved. Why? Because for an F-1 student status, non-immigrant intent is required. Having an I-130 pending is evidence of immigrant intent. Even if his sister were to now withdraw the I-130, it would still be difficult. You cannot unring a bell. So he would have a difficult time proving non-immigrant intent. Sorry for that bad news. He can still try. It won't hurt the I-130 if he tries as long as he does not lie about anything.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello Moje. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.