World Journal Weekly Q & A - March 18, 2012Q & A 1. Sister Wants to Apply for Brother and Two Children 19 and 14 and Wonders if Petition will Hamper Children's Getting F-1 Visas from School.California reader asks: I am a U.S. citizen and wish to apply my brother’s family to immigrate to the U.S.. My brother and his family live in Belgium and are citizens of Belgium. They don’t need visa to come to U.S.. My brother has two children; they are 19 and 14 years old. While waiting for priority date to become current, can they come to U.S. to study under F-1? Will the school refuse to issue F-1 visas to them because they already applied for immigrant visas? Dear reader: Given the long period of time required to immigrate under the F-4 category for brothers and sisters of U.S. citizens (10 + years at present) and that the age of children is considered at the time of final interview, there is a good probability that your brother's children will not be able to immigrate with your brother. Your petition is for your brother and for whoever is eligible at the time of the final interview. You are not petitioning for the children directly, and in light of the fact that they will probably not immigrate through their father anyway, they should not have the stigma of immigrant intent upon them if they apply for F-1 visas. Incidentally schools are happy to issue I-20 acceptance forms, but it is the U.S. consulates which will decide whether your brother's children can be issued F-1 visas.
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Copyright © 2003-2012 Alan Lee,
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