Monday, January 28, 2013

Will it be a problem to get an F1 student visa if my dad is already a US resident?

Will it be a problem to get an F1 student visa if my dad is already a US resident?
My situation is pretty complicated so please bear with me. I'd like to study in the US. My nationality is Belgian, but I spent the first 10 years of my life attending Shanghai American School. I also spent the last two years of high-school in Shanghai attending a different international school. The time in between I'd been in Belgium. My dad received a job offer to work in the US last year and he's been living there as a permanent resident for around 4 months now. My parents are divorced and my mom lives in Shanghai, so I have no immediate family here in Belgium and I've discovered that in order to receive a student visa, you must prove your intent to return to your home country. My question is how I could best go about doing this when I have so few ties to my home country? Becoming a resident through my dad isnt really an option either as that would take years. Besides that, will it hurt my chances to apply for my visa in Shanghai instead of Belgium? I'm planning to visit my mom and check out the world expo. Any help is greatly appreciated. Turns out I misunderstood my dad and he's actually on an L1 work visa, not a resident. So I can apply for an L2. So my only remaining question is will I be able to get this in Shanghai just as well as in Belgium? Cause I really wanna go this summer :) Turns out I misunderstood my dad and he's actually on an L1 work visa, not a resident. So I can apply for an L2. So my only remaining question is will I be able to get this in Shanghai just as well as in Belgium? Cause I really wanna go this summer :)
Immigration - 4 Answers
Random Answers, Critics, Comments, Opinions :
1 :
The student visa would likely be refused for the reasons you have given. It seems unlikely your dad received a permanent resident visa in such short time. If he is here on a H-1 visa and you are under 21, you could qualify for an H-4 visa to live with him.
2 :
I recommend that you post your question on VisaJourney.com as well. They have a lot of knowledgeable members there and there also might be some who have been in the same situation. Good luck!
3 :
Easy way to find out is to get a I-20 then apply http://travel.state.gov/visa/temp/types/types_1269.html
4 :
you could go on an L2 for now and attend school. however, you're only eligible for that status up to the time you turn 21, so at some point, you'll need F-1 status. you could apply for either visa in Shanghai or back home. even if your father had been a legal resident, your chances of getting a student visa would have been pretty good. it's more a question of establishing your intent to actually attend school and adhere to the conditions of the visa.

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