parent's petition is able to be approved, but son is in US with F1 visa
Oct 16th 2003, 5:43 am
#1
Guest
Posts: n/a
parent's petition is able to be approved, but son is in US with F1 visa
ll,
I am trying to find out what options my nephew has.
He is 17 and is currently studying
in US with a FI visa. However, his aunt had petitioned for his father
to
come to US and recently his father received DS-230 which, according to
his
mother (my sister), means that they are close to the end of the
application process.
They think that after they return the DS-230, the next step will be
for medical
and interview. As such, they believe that my nephew will have to
return Hong Kong
for the medical and interview. But their concern is that if
their application were not approved, my nephew will not be able to
return to
US as he shows intent to stay in US. The questions are
a. Is it necessary for my nephew to return to Hong Kong for the
interview
and medical ?
b. If he needs to return to Hong Kong for the interview, and if they
were not
approved, can he still return to US for his study ?
c. If they were approved, do they have to come to US together ? can my
nephew
return to US first ?
d. What options do he has ?
thanx for all the help
I am trying to find out what options my nephew has.
He is 17 and is currently studying
in US with a FI visa. However, his aunt had petitioned for his father
to
come to US and recently his father received DS-230 which, according to
his
mother (my sister), means that they are close to the end of the
application process.
They think that after they return the DS-230, the next step will be
for medical
and interview. As such, they believe that my nephew will have to
return Hong Kong
for the medical and interview. But their concern is that if
their application were not approved, my nephew will not be able to
return to
US as he shows intent to stay in US. The questions are
a. Is it necessary for my nephew to return to Hong Kong for the
interview
and medical ?
b. If he needs to return to Hong Kong for the interview, and if they
were not
approved, can he still return to US for his study ?
c. If they were approved, do they have to come to US together ? can my
nephew
return to US first ?
d. What options do he has ?
thanx for all the help
Oct 16th 2003, 7:49 am
#2
Guest
Posts: n/a
Re: parent's petition is able to be approved, but son is in US with F1 visa
On Wed, 15 Oct 2003 22:43:58 -0700, Bill wrote:
> ll,
>
> I am trying to find out what options my nephew has. He is 17 and is
> currently studying
> in US with a FI visa. However, his aunt had petitioned for his father to
> come to US and recently his father received DS-230 which, according to
> his mother (my sister), means that they are close to the end of the
> application process.
Can you post the exact priority date, please? The DS-230 can arrive up to
a year or so before that date (although I think they try to make it
closer), so with him already being 17, it will be a race against time.
> They think that after they return the DS-230, the next step will be for
> medical and interview.
Correct.
> As such, they believe that my nephew will have to return Hong Kong for
> the medical and interview. But their concern is that if their
> application were not approved, my nephew will not be able to return to
> US as he shows intent to stay in US.
As long as your nephew hasn't turned 18 yet and he and the father
qualifies (no criminal record or the like), I do not see any reason at all
why this should happen. Immigrant visas are quite rarely denied.
> The questions are
>
> a. Is it necessary for my nephew to return to Hong Kong for the
> interview and medical ?
Yes, assuming it is before his 18th birthday.
> b. If he needs to return to Hong Kong for the interview, and if they
> were not approved, can he still return to US for his study ?
I don't see any reason why it wouldn't be approved.
> c. If they were approved, do they have to come to US together ? can my
> nephew return to US first ?
Each family member will have their own immigrant visa, and can use it at
any point during the next six months. So, yes, he can return to the US
first.
--
When responding to posts, please remember to post through alt.visa.us; do
not respond through BritishExpats.com. For more information, please see
http://www.kkeane.com/general-faq.shtml.
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
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my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
> ll,
>
> I am trying to find out what options my nephew has. He is 17 and is
> currently studying
> in US with a FI visa. However, his aunt had petitioned for his father to
> come to US and recently his father received DS-230 which, according to
> his mother (my sister), means that they are close to the end of the
> application process.
Can you post the exact priority date, please? The DS-230 can arrive up to
a year or so before that date (although I think they try to make it
closer), so with him already being 17, it will be a race against time.
> They think that after they return the DS-230, the next step will be for
> medical and interview.
Correct.
> As such, they believe that my nephew will have to return Hong Kong for
> the medical and interview. But their concern is that if their
> application were not approved, my nephew will not be able to return to
> US as he shows intent to stay in US.
As long as your nephew hasn't turned 18 yet and he and the father
qualifies (no criminal record or the like), I do not see any reason at all
why this should happen. Immigrant visas are quite rarely denied.
> The questions are
>
> a. Is it necessary for my nephew to return to Hong Kong for the
> interview and medical ?
Yes, assuming it is before his 18th birthday.
> b. If he needs to return to Hong Kong for the interview, and if they
> were not approved, can he still return to US for his study ?
I don't see any reason why it wouldn't be approved.
> c. If they were approved, do they have to come to US together ? can my
> nephew return to US first ?
Each family member will have their own immigrant visa, and can use it at
any point during the next six months. So, yes, he can return to the US
first.
--
When responding to posts, please remember to post through alt.visa.us; do
not respond through BritishExpats.com. For more information, please see
http://www.kkeane.com/general-faq.shtml.
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Oct 16th 2003, 7:14 pm
#3
Guest
Posts: n/a
Re: parent's petition is able to be approved, but son is in US with F1 visa
"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news
[email protected]...
> On Wed, 15 Oct 2003 22:43:58 -0700, Bill wrote:
> > I am trying to find out what options my nephew has. He is 17 and is
> > currently studying
> > in US with a FI visa. However, his aunt had petitioned for his father to
> > come to US and recently his father received DS-230 which, according to
> > his mother (my sister), means that they are close to the end of the
> > application process.
> Can you post the exact priority date, please? The DS-230 can arrive up to
> a year or so before that date (although I think they try to make it
> closer), so with him already being 17, it will be a race against time.
> > They think that after they return the DS-230, the next step will be for
> > medical and interview.
> Correct.
> > As such, they believe that my nephew will have to return Hong Kong for
> > the medical and interview. But their concern is that if their
> > application were not approved, my nephew will not be able to return to
> > US as he shows intent to stay in US.
> As long as your nephew hasn't turned 18 yet
That would be 21.
and he and the father
> qualifies (no criminal record or the like), I do not see any reason at all
> why this should happen. Immigrant visas are quite rarely denied.
> > The questions are
> >
> > a. Is it necessary for my nephew to return to Hong Kong for the
> > interview and medical ?
> Yes, assuming it is before his 18th birthday.
Actually, 21st.
> > b. If he needs to return to Hong Kong for the interview, and if they
> > were not approved, can he still return to US for his study ?
> I don't see any reason why it wouldn't be approved.
To answer your question, he could have difficulty trying to re-enter the
U.S. in F-1 status, because that status requires temporary intent.
> > c. If they were approved, do they have to come to US together ? can my
> > nephew return to US first ?
> Each family member will have their own immigrant visa, and can use it at
> any point during the next six months. So, yes, he can return to the US
> first.
This appears to be a case where the nephew's father is the beneficiary of an
I-130 petition in the category Family 4, sibling of a U.S. citizen. The
other family members are derivatives of that principal beneficiary. There
is a rule in this situation that the principal beneficiary must immigrate
(enter the U.S. as a permanent resident) before the derivatives immigrate --
or at the same time. So, if the nephew is ready to go back to school before
the rest of the family is ready to immigrate, at least the father will have
to go with the nephew and enter the U.S. at the same time that he does.
This is not the end of the world. The father can turn around and go back to
Hong Kong without particular risk, as long as he actually moves to the U.S.
within 6 months after that.
And the immigrant visas will only be valid for 6 months. That means that
within 6 months after the interview, all the family members will have to
enter the U.S. as permanent residents.
news
[email protected]...> On Wed, 15 Oct 2003 22:43:58 -0700, Bill wrote:
> > I am trying to find out what options my nephew has. He is 17 and is
> > currently studying
> > in US with a FI visa. However, his aunt had petitioned for his father to
> > come to US and recently his father received DS-230 which, according to
> > his mother (my sister), means that they are close to the end of the
> > application process.
> Can you post the exact priority date, please? The DS-230 can arrive up to
> a year or so before that date (although I think they try to make it
> closer), so with him already being 17, it will be a race against time.
> > They think that after they return the DS-230, the next step will be for
> > medical and interview.
> Correct.
> > As such, they believe that my nephew will have to return Hong Kong for
> > the medical and interview. But their concern is that if their
> > application were not approved, my nephew will not be able to return to
> > US as he shows intent to stay in US.
> As long as your nephew hasn't turned 18 yet
That would be 21.
and he and the father
> qualifies (no criminal record or the like), I do not see any reason at all
> why this should happen. Immigrant visas are quite rarely denied.
> > The questions are
> >
> > a. Is it necessary for my nephew to return to Hong Kong for the
> > interview and medical ?
> Yes, assuming it is before his 18th birthday.
Actually, 21st.
> > b. If he needs to return to Hong Kong for the interview, and if they
> > were not approved, can he still return to US for his study ?
> I don't see any reason why it wouldn't be approved.
To answer your question, he could have difficulty trying to re-enter the
U.S. in F-1 status, because that status requires temporary intent.
> > c. If they were approved, do they have to come to US together ? can my
> > nephew return to US first ?
> Each family member will have their own immigrant visa, and can use it at
> any point during the next six months. So, yes, he can return to the US
> first.
This appears to be a case where the nephew's father is the beneficiary of an
I-130 petition in the category Family 4, sibling of a U.S. citizen. The
other family members are derivatives of that principal beneficiary. There
is a rule in this situation that the principal beneficiary must immigrate
(enter the U.S. as a permanent resident) before the derivatives immigrate --
or at the same time. So, if the nephew is ready to go back to school before
the rest of the family is ready to immigrate, at least the father will have
to go with the nephew and enter the U.S. at the same time that he does.
This is not the end of the world. The father can turn around and go back to
Hong Kong without particular risk, as long as he actually moves to the U.S.
within 6 months after that.
And the immigrant visas will only be valid for 6 months. That means that
within 6 months after the interview, all the family members will have to
enter the U.S. as permanent residents.
Oct 17th 2003, 2:46 am
#4
Guest
Posts: n/a
Re: parent's petition is able to be approved, but son is in US with F1 visa
thank you for both of your advice.
I am not too sure of the exact priority date, they applied around
1992.
My sister has checked with the Consulate in Hong Kong, and has
confirmed that
as long as my nephew is not yet 21, he can come with his parents. She
was also told
that the father has to enter US first, but their concern is that the
father may not
be able to get an air ticket on time for the son to start school.
However, my nephew has another issue, his parents anticipate that
the medical/interview has a high chance to happen in December/January,
therefore
they asked him to return to Hong Kong for Christmas, if the interview
happen during
that period. Great. If not, they will see whether they can schedule
the interview
in Summer, and my nephew will return to Hong Kong again.
As my nephew is on FI, therefore he has to fill out an update of
I-20, which has a question on whether
he has a pending petition for Green Card, it seems that if he answers
yes, he would
not be able to re-enter US even he does not have the interview during
Christmas. If he answers no, he will have a problem during the
interview, as he
obviously lie. How do people handle situation like this ?
"Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
> "Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
> news[email protected]...
>
> > On Wed, 15 Oct 2003 22:43:58 -0700, Bill wrote:
>
> > > I am trying to find out what options my nephew has. He is 17 and is
> > > currently studying
> > > in US with a FI visa. However, his aunt had petitioned for his father to
> > > come to US and recently his father received DS-230 which, according to
> > > his mother (my sister), means that they are close to the end of the
> > > application process.
> >
> > Can you post the exact priority date, please? The DS-230 can arrive up to
> > a year or so before that date (although I think they try to make it
> > closer), so with him already being 17, it will be a race against time.
> >
> > > They think that after they return the DS-230, the next step will be for
> > > medical and interview.
> >
> > Correct.
> >
> > > As such, they believe that my nephew will have to return Hong Kong for
> > > the medical and interview. But their concern is that if their
> > > application were not approved, my nephew will not be able to return to
> > > US as he shows intent to stay in US.
> >
> > As long as your nephew hasn't turned 18 yet
>
> That would be 21.
>
> and he and the father
> > qualifies (no criminal record or the like), I do not see any reason at all
> > why this should happen. Immigrant visas are quite rarely denied.
> >
> > > The questions are
> > >
> > > a. Is it necessary for my nephew to return to Hong Kong for the
> > > interview and medical ?
> >
> > Yes, assuming it is before his 18th birthday.
>
> Actually, 21st.
>
> > > b. If he needs to return to Hong Kong for the interview, and if they
> > > were not approved, can he still return to US for his study ?
> >
> > I don't see any reason why it wouldn't be approved.
>
> To answer your question, he could have difficulty trying to re-enter the
> U.S. in F-1 status, because that status requires temporary intent.
>
> > > c. If they were approved, do they have to come to US together ? can my
> > > nephew return to US first ?
> >
> > Each family member will have their own immigrant visa, and can use it at
> > any point during the next six months. So, yes, he can return to the US
> > first.
>
> This appears to be a case where the nephew's father is the beneficiary of an
> I-130 petition in the category Family 4, sibling of a U.S. citizen. The
> other family members are derivatives of that principal beneficiary. There
> is a rule in this situation that the principal beneficiary must immigrate
> (enter the U.S. as a permanent resident) before the derivatives immigrate --
> or at the same time. So, if the nephew is ready to go back to school before
> the rest of the family is ready to immigrate, at least the father will have
> to go with the nephew and enter the U.S. at the same time that he does.
> This is not the end of the world. The father can turn around and go back to
> Hong Kong without particular risk, as long as he actually moves to the U.S.
> within 6 months after that.
>
> And the immigrant visas will only be valid for 6 months. That means that
> within 6 months after the interview, all the family members will have to
> enter the U.S. as permanent residents.
I am not too sure of the exact priority date, they applied around
1992.
My sister has checked with the Consulate in Hong Kong, and has
confirmed that
as long as my nephew is not yet 21, he can come with his parents. She
was also told
that the father has to enter US first, but their concern is that the
father may not
be able to get an air ticket on time for the son to start school.
However, my nephew has another issue, his parents anticipate that
the medical/interview has a high chance to happen in December/January,
therefore
they asked him to return to Hong Kong for Christmas, if the interview
happen during
that period. Great. If not, they will see whether they can schedule
the interview
in Summer, and my nephew will return to Hong Kong again.
As my nephew is on FI, therefore he has to fill out an update of
I-20, which has a question on whether
he has a pending petition for Green Card, it seems that if he answers
yes, he would
not be able to re-enter US even he does not have the interview during
Christmas. If he answers no, he will have a problem during the
interview, as he
obviously lie. How do people handle situation like this ?
"Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
> "Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
> news
[email protected]...>
> > On Wed, 15 Oct 2003 22:43:58 -0700, Bill wrote:
>
> > > I am trying to find out what options my nephew has. He is 17 and is
> > > currently studying
> > > in US with a FI visa. However, his aunt had petitioned for his father to
> > > come to US and recently his father received DS-230 which, according to
> > > his mother (my sister), means that they are close to the end of the
> > > application process.
> >
> > Can you post the exact priority date, please? The DS-230 can arrive up to
> > a year or so before that date (although I think they try to make it
> > closer), so with him already being 17, it will be a race against time.
> >
> > > They think that after they return the DS-230, the next step will be for
> > > medical and interview.
> >
> > Correct.
> >
> > > As such, they believe that my nephew will have to return Hong Kong for
> > > the medical and interview. But their concern is that if their
> > > application were not approved, my nephew will not be able to return to
> > > US as he shows intent to stay in US.
> >
> > As long as your nephew hasn't turned 18 yet
>
> That would be 21.
>
> and he and the father
> > qualifies (no criminal record or the like), I do not see any reason at all
> > why this should happen. Immigrant visas are quite rarely denied.
> >
> > > The questions are
> > >
> > > a. Is it necessary for my nephew to return to Hong Kong for the
> > > interview and medical ?
> >
> > Yes, assuming it is before his 18th birthday.
>
> Actually, 21st.
>
> > > b. If he needs to return to Hong Kong for the interview, and if they
> > > were not approved, can he still return to US for his study ?
> >
> > I don't see any reason why it wouldn't be approved.
>
> To answer your question, he could have difficulty trying to re-enter the
> U.S. in F-1 status, because that status requires temporary intent.
>
> > > c. If they were approved, do they have to come to US together ? can my
> > > nephew return to US first ?
> >
> > Each family member will have their own immigrant visa, and can use it at
> > any point during the next six months. So, yes, he can return to the US
> > first.
>
> This appears to be a case where the nephew's father is the beneficiary of an
> I-130 petition in the category Family 4, sibling of a U.S. citizen. The
> other family members are derivatives of that principal beneficiary. There
> is a rule in this situation that the principal beneficiary must immigrate
> (enter the U.S. as a permanent resident) before the derivatives immigrate --
> or at the same time. So, if the nephew is ready to go back to school before
> the rest of the family is ready to immigrate, at least the father will have
> to go with the nephew and enter the U.S. at the same time that he does.
> This is not the end of the world. The father can turn around and go back to
> Hong Kong without particular risk, as long as he actually moves to the U.S.
> within 6 months after that.
>
> And the immigrant visas will only be valid for 6 months. That means that
> within 6 months after the interview, all the family members will have to
> enter the U.S. as permanent residents.
Oct 17th 2003, 7:17 am
#5
Guest
Posts: n/a
Re: parent's petition is able to be approved, but son is in US with F1 visa
Thanks to Sylvia for the correction re. the 21st birthday. I don't know
where I got the 18th birthday from...
More embedded in your post
On Thu, 16 Oct 2003 19:46:48 -0700, Bill wrote:
> thank you for both of your advice.
> I am not too sure of the exact priority date, they applied around 1992.
The current priority for November 2003 date is Januar 15, 1992.
Unfortunately, the exact date will eventually make a difference. For
instance, if they filed on January 14, 1992, they would already qualify.
If they filed December 14, 1992, chances are that it will be at least
another year or two away.
> My sister has checked with the Consulate in Hong Kong, and has confirmed
> that
> as long as my nephew is not yet 21, he can come with his parents. She
> was also told
> that the father has to enter US first, but their concern is that the
> father may not
> be able to get an air ticket on time for the son to start school.
This rule certainly makes sense. Thanks again, Sylvia.
> However, my nephew has another issue, his parents anticipate that the
> medical/interview has a high chance to happen in December/January,
> therefore
> they asked him to return to Hong Kong for Christmas, if the interview
> happen during
> that period. Great. If not, they will see whether they can schedule
> the interview
> in Summer, and my nephew will return to Hong Kong again.
There may be yet another option, although it is fraught with problems. The
nephew could stay in the USA and wait for his father to arrive. As soon as
the father arrived, he could file an application to adjust status under
follow-to-join rules.
Do be sure to ask an attorney. This would be rather unusual (the reverse
is more common, applying for follow-to-join at a consulate), and I may
even be mistaken about this possibility.
> As my nephew is on FI, therefore he has to fill out an update of
> I-20, which has a question on whether he has a pending petition for
> Green Card, it seems that if he answers yes, he would
> not be able to re-enter US even he does not have the interview during
> Christmas. If he answers no, he will have a problem during the
> interview, as he
> obviously lie. How do people handle situation like this ?
Actually, he can honestly say that he does not have a pending GC petition.
His FATHER has one, but the nephew would merely happen to benefit from
that as a derivative.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
where I got the 18th birthday from...
More embedded in your post
On Thu, 16 Oct 2003 19:46:48 -0700, Bill wrote:
> thank you for both of your advice.
> I am not too sure of the exact priority date, they applied around 1992.
The current priority for November 2003 date is Januar 15, 1992.
Unfortunately, the exact date will eventually make a difference. For
instance, if they filed on January 14, 1992, they would already qualify.
If they filed December 14, 1992, chances are that it will be at least
another year or two away.
> My sister has checked with the Consulate in Hong Kong, and has confirmed
> that
> as long as my nephew is not yet 21, he can come with his parents. She
> was also told
> that the father has to enter US first, but their concern is that the
> father may not
> be able to get an air ticket on time for the son to start school.
This rule certainly makes sense. Thanks again, Sylvia.
> However, my nephew has another issue, his parents anticipate that the
> medical/interview has a high chance to happen in December/January,
> therefore
> they asked him to return to Hong Kong for Christmas, if the interview
> happen during
> that period. Great. If not, they will see whether they can schedule
> the interview
> in Summer, and my nephew will return to Hong Kong again.
There may be yet another option, although it is fraught with problems. The
nephew could stay in the USA and wait for his father to arrive. As soon as
the father arrived, he could file an application to adjust status under
follow-to-join rules.
Do be sure to ask an attorney. This would be rather unusual (the reverse
is more common, applying for follow-to-join at a consulate), and I may
even be mistaken about this possibility.
> As my nephew is on FI, therefore he has to fill out an update of
> I-20, which has a question on whether he has a pending petition for
> Green Card, it seems that if he answers yes, he would
> not be able to re-enter US even he does not have the interview during
> Christmas. If he answers no, he will have a problem during the
> interview, as he
> obviously lie. How do people handle situation like this ?
Actually, he can honestly say that he does not have a pending GC petition.
His FATHER has one, but the nephew would merely happen to benefit from
that as a derivative.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Oct 17th 2003, 5:57 pm
#6
Guest
Posts: n/a
Re: parent's petition is able to be approved, but son is in US with F1 visa
"Bill" <[email protected]> wrote in message
news:[email protected]...
> I am not too sure of the exact priority date, they applied around 1992.
> My sister has checked with the Consulate in Hong Kong, and has confirmed
that
> as long as my nephew is not yet 21, he can come with his parents. She was
also told
> that the father has to enter US first, but their concern is that the
father may not
> be able to get an air ticket on time for the son to start school.
> However, my nephew has another issue, his parents anticipate that
> the medical/interview has a high chance to happen in December/January,
therefore
> they asked him to return to Hong Kong for Christmas, if the interview
happen during
> that period. Great. If not, they will see whether they can schedule the
interview
> in Summer, and my nephew will return to Hong Kong again.
> As my nephew is on FI, therefore he has to fill out an update of
> I-20,
What exactly is this "update of I-20"? What entity is asking his this
question? This does not sound like a government form, unless he needs an
actual F-1 extension, which is unusual for a beginning undergraduate. It
could be a form for internal use by the international office.
which has a question on whether
> he has a pending petition for Green Card, it seems that if he answers yes,
he would
> not be able to re-enter US even he does not have the interview during
> Christmas. If he answers no, he will have a problem during the interview,
as he
> obviously lie. How do people handle situation like this ?
It depends on the exact wording of the question, and whether he has
submitted the DS 230. It is *not* the case, as Ingo mentioned, that any
petition has been filed on his behalf, because the I-130 petition was filed
on his father's behalf. However, if the question is whether he has applied
for an immigrant visa, and he has actually submitted the DS 230, then the
answer must be yes.
Does the nephew have an F-1 visa stamp in the passport valid beyond the
proposed December trip?
> "Sylvia Ottemoeller" <[email protected]> wrote in message
news:<[email protected]>...
> > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in
message
> > news[email protected]...
> >
> > > On Wed, 15 Oct 2003 22:43:58 -0700, Bill wrote:
> >
> > > > I am trying to find out what options my nephew has. He is 17 and is
> > > > currently studying
> > > > in US with a FI visa. However, his aunt had petitioned for his
father to
> > > > come to US and recently his father received DS-230 which, according
to
> > > > his mother (my sister), means that they are close to the end of the
> > > > application process.
news:[email protected]...
> I am not too sure of the exact priority date, they applied around 1992.
> My sister has checked with the Consulate in Hong Kong, and has confirmed
that
> as long as my nephew is not yet 21, he can come with his parents. She was
also told
> that the father has to enter US first, but their concern is that the
father may not
> be able to get an air ticket on time for the son to start school.
> However, my nephew has another issue, his parents anticipate that
> the medical/interview has a high chance to happen in December/January,
therefore
> they asked him to return to Hong Kong for Christmas, if the interview
happen during
> that period. Great. If not, they will see whether they can schedule the
interview
> in Summer, and my nephew will return to Hong Kong again.
> As my nephew is on FI, therefore he has to fill out an update of
> I-20,
What exactly is this "update of I-20"? What entity is asking his this
question? This does not sound like a government form, unless he needs an
actual F-1 extension, which is unusual for a beginning undergraduate. It
could be a form for internal use by the international office.
which has a question on whether
> he has a pending petition for Green Card, it seems that if he answers yes,
he would
> not be able to re-enter US even he does not have the interview during
> Christmas. If he answers no, he will have a problem during the interview,
as he
> obviously lie. How do people handle situation like this ?
It depends on the exact wording of the question, and whether he has
submitted the DS 230. It is *not* the case, as Ingo mentioned, that any
petition has been filed on his behalf, because the I-130 petition was filed
on his father's behalf. However, if the question is whether he has applied
for an immigrant visa, and he has actually submitted the DS 230, then the
answer must be yes.
Does the nephew have an F-1 visa stamp in the passport valid beyond the
proposed December trip?
> "Sylvia Ottemoeller" <[email protected]> wrote in message
news:<[email protected]>...
> > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in
message
> > news
[email protected]...> >
> > > On Wed, 15 Oct 2003 22:43:58 -0700, Bill wrote:
> >
> > > > I am trying to find out what options my nephew has. He is 17 and is
> > > > currently studying
> > > > in US with a FI visa. However, his aunt had petitioned for his
father to
> > > > come to US and recently his father received DS-230 which, according
to
> > > > his mother (my sister), means that they are close to the end of the
> > > > application process.
