Mark Farinha

I fear the worst for my student but here is her situation for any of you immigration gurus

My student left for Poland in response to receiving notification from the consulate in
Warsaw for her interview. I was somwhat confused when she said that Polish nationals had
to use only consulate processing but I didn't think much of it. In retrospect it seems
kind of funny as she has been employed by the university under an EAD which had make me
think she was undergoing regular AOS processing. Anyway her petition was denied at the
consulate which is understandable because the basis for her application (unmarried
daughter of a citizen over 21) was void when her father passed away in 1997. Her case was
still processed by the INS and forwarded to the DoS and the rest is history. She is
understandably distraught and is trying to get a new I-20. I fear that she will not be
able to get a new student visa because she has demonstrated immigrant intent and has her
brother and mother already in the US. I don't know if she would also face any bans because
she didn't maintain valid student status during her INS processing. Any thoughts as to
this matter would be appreciated.

Mark

John Kao

If her father passed away, she should have known better that the petition I130 is
automatically voided. There is no basis for the immigration visa anymore.

How about her mother ? is she USC ?

If her I94 or passport was stamped with D/S while she was on F1, then she would not be
subject to the ban.

She could apply for H1b visa, it is a dual intent visa.

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