A student who has landed a full scholarship for a master’s program at a prestigious U.S. university is now facing an unexpected challenge with her visa application. The issue us a past immigration petition that her family filed years ago.
Her father was the main applicant in an F4 petition, which is a family-based green card application sponsored by his brother. It took a whopping 15 yearrs for that petition to become current, but just before the family could go for their visa interview, her father sadly passed away during the COVID pandemic, leading to the case being closed.
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Now, as she fills out her F1 visa application, specifically the DS-160 form, she’s confronted with a tricky question: has she ever applied for an immigrant visa? The dilemma is whether she should answer “yes” since she was only a derivative beneficiary and not the primary applicant.
Some lawyers suggest that since she wasn’t the main applicant, it’s perfectly fine to say “no.” However, others can caution that USCIS and consulates take immigrant intent very seriously, and an incorrect answer—even if it’s a mistake—could lead to issues down the line.
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Immigration officers often look at past petitions to determine if a student genuinely plans to return home after their studies. If the consulate sees a previous immigrant petition associated with her, they might assume she has long-term intentions to settle in the U.S.
Being honest in visa applications is absolutely vital, as even minor misrepresentations can result in denials or bans. While derivative beneficiaries don’t actively apply for green cards, their names are still linkedin to the petition, and being transparent can help avoid complications.
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A strong case should highlight her academic achievements, clear career aspirations, and a solid proof of ties to India. Although past petitions can raise red flags, a well-prepared interview can help reassure officers that her intent is solely to study, not to immigrate permanently.
