Inwood, NY Immigration Law Firms & Lawyers

Whether you will be issued a F-1 visa where your mother has already applied for your permanent residence through form I-130 will be a decision within the discretion of the consular officer. He or she will attempt to determine whether you have the proper nonimmigrant intent before making a decision. Factors such as the anticipated length of your schooling, length of time before the immigrant visa becomes available, financial status of your family, ties and bonds with the home country, and overall impression at the time of the interview may be determinative. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

There is nothing you can do at this point, except retain an immigration attorney who would know all the details of your case and be ready to intervene immediately if things turn ugly. Hopefully, your application will be approved, and all the worries will be for nothing. But, as the old adage goes, one should hope for the best - and prepare for the worst.

I would need to review your case in full to properly advise you. Do you have a criminal record? Did you enter the U.S. with a visa and overstay or did you enter without documentation? Did you ever claim to be a U.S. citizen? Have you returned to your home country after getting here? Has anyone ever filed papers for you or for your parents? Are your parents or grandparents U.S. citizens or permanent residents? Are you married to someone in one of the military branches? Were you ever deported (removed) from the U.S.? If yes, did you subsequently reenter? The answers to these and follow up questions will tell me whether you are eligible to file for permanent residency in the U.S. or will need to return home and process for an immigrant visa and whether a waiver will be required. If a waiver is required, the process is complex to determine the strength of your case and likelihood of success.