Belton, TX Immigration Law Firms & Lawyers

If she has already been denied for a visitor visa before, it would be difficult to get any subsequent visa application approved unless there are changed circumstances. Besides applying for a visitor visa, you could petition for her to get a fiancee visa, or you could marry her and petition for her as your spouse.

Unfortunately, your brother cannot join or immigrate at the same time as your parents. You will need to submit a separate I-130 petition on your brother's behalf.

If your niece files for a student visa, it will not affect your I-130 for her. However, the existence of a filed I-130 is likely to result in denial of your niece's F-1 visa application. Every applicant for a non-immigrant visa must prove, to satisfaction of the U.S. consul, that she has no immigrant intent, which means that she does not intend to take residence in the U.S. and intends to return to her homeland after her stay in the U.S. If the applicant cannot prove this, her visa must be denied. Proving absence of immigrant intent is seldom easy; in your niece's case, it is exceedingly difficult because the I-130 petition you filed shows conclusively that your niece does, in fact, have the intent to take residence in the U.S. So, unless your niece can show to the U.S. consul that she has some circumstances that would compel her to return to her country after the course of study in the U.S. and wait at home for her immigrant visa, filing for F-1 is going to be a waste of time and money.