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US tourist visa B1 / B2 rejected how to apply for student visa F 1


26-May-2023 (In Immigration Law)
My brother's B1 visa got rejected by US embassy last month. I am US green card holder. My brother didn't mention about me on DS 160 FORM about me. I answered NO to the question, " Do you have any immediate relative in US? " Next year, he's planning to apply for F1 visa. What should he answer about this question next time? I mean if we say YES about immediate relative question next time, will it effect his future visa application? Since we answered NO last time. What should we do? What's best, so it won't effect his F 1 ( Student visa ) next year? Thank you so much!
Answers (1)

Answer #1
716 votes
Note that the definition of Immediate Relative per the Immigration and Nationality Act includes only spouse , children (under 21 years of age and unmarried) , and parents of a U.S. citizens (who are 21 years of age or older).

The term can be confusing especially when used on a visa application. Though your brother should have answered "Yes" on his visa application (Form DS-160), he should definitely answer "Yes" on his F-1 visa application. Not doing so may lead may have serious consequences as he may be charged with fraud and/or misrepresentation.

If asked why he answered differently earlier, he may answer that he got confused by the definition of Immediate Relative as contained in the INA.

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