H4 or Student Visa?

Old Apr 1st 2001, 3:41 pm
  #1  
Jiggy
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Hello all-

A friend of mine in India is in a bit of dilemma over which visa to use. A quick
background -

1. She is 23 and single
2. Her uncle and legal father (he adopted her) is in the US on an H1-B visa
3. She has secured admission to a graduate school in the US and they are processing
her I20 for her student visa.

Now, if she approaches the US Consulate in Mumbai, India for a student visa, do you
think they may turn her down because her legal father is in the US? If her student
visa does get rejected, she's thinking of applying for a H4 visa (dependant) and then
going to school while living in the US as a dependant. Do you think she'll be able to
at least get an H4 Visa?

Thanks. -JS
 
Old Apr 1st 2001, 4:41 pm
  #2  
Ingo
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She does not qualify for an H-4 because she is too old. You are right in suspecting
that the F-1 could get denied, but I think she can still take her chances with it.

Ingo

On Mon, 02 Apr 2001 03:41:22 GMT, "Jiggy" <[email protected]> wrote:

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I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee) http://www2.apex.net/users/thehydes
http://www.formshome.com http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 
Old Apr 21st 2001, 1:32 pm
  #3  
Green
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Our experience with the Japanese Consultate and Embassy in such a case is that if the
applicant furnishes sufficient evidence of his/her plan to return to her home
country, they find it easier to say yes.

For instance, a detailed plan of what you plan to do after the education, letters
from your family and possibly business persons in India supporting your educational
plans and subsequent next steps, showing numerous ties to family in the country...
can't hurt.

(For what it is worth)

Bob
 

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