Monroe City, TX Immigration Law Firms & Lawyers

In order to assess immigration eligibilities, options and strategies, significantly more information would be needed about your husband and about you. There really is no substitute for consulting with an immigration attorney who, after learning all of the relevant facts, could provide answers to your question and, if feasible, could offer legal representation for the application process.

Your stepdaughters' visa category will depend on the date in which you filed the petition. If the petition is filed after the child reaches 21, then she is no longer considered an immediate relative and must wait for her priority date to become current before applying for an immigrant visa.

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.