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Multiple petitions for the same person?

Can a student visa petition be submitted for an individual whos already been sponsored for a F4 (brother, sister of adult U.S. citiizen). The wait time is significant for an F4 visa so could the individual continue college in the U.S. while waiting?

1 Answer

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  • Fred S
    Lv 7
    1 decade ago
    Favorite Answer

    In the U.S., there is no such thing as "a student visa petition." The brother or sister of a U.S. citizen can be the beneficiary of a petition for an alien relative. That's form I-130, but there is no "petition" for a student visa.

    There is an application form for non-immigrant visas, and the F-1 student visa is considered a non-immigrant visa.

    The beneficiary of an I-130 filed by a U.S. citizen sibling can apply for a student visa at a U.S. consulate or embassy outside the U.S.

    An applicant applying for a student visa must meet the following requirements in order to qualify for a student visa:

    (1) Acceptance at a school;

    (2) Possession of sufficient funds;

    (3) Minimum preparation for course of study;

    and

    (4) Present intent to leave the United States at conclusion of studies.

    If an applicant fails to meet one or more of the above criteria, he or she must be refused a visa under section 214(b) of the INA.

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