It may seem like just a small box on the form, but for many Indians in the U.S.—especially H-4 dependents transitioning to F1—it’s often the most nerve-wracking part of the I-539 application.
The question reads: “Has an immigrant petition ever been filed for you?” Another one asks: “Are you an applicant for an immigrant visa?” A young H-4 student recently shared her dilemma online—her father has an approved I-140, and she’s listed as a derivative beneficiary. Now, she’s left wondering how to respond.
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It’s a tough spot because she didn’t personally apply for a green card. Her name simply appears under her dad’s I-140 approval. But USCIS doesn’t always consider who filed it. If the system sees your name on a green card petition, it might flag it as “immigrant intent.”
That’s where the anxiety sets in. The F1 visa is a non-immigrant visa, which means it’s expected that the applicant will leave the U.S. after their studies, not plan to settle down. So, any indication of long-term intentions—like being listed on an I-140—can complicate matters.
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However, most immigration lawyers advise this: answer “yes” to both questions. Being listed as a derivative does count. It’s better to be upfront about it than risk being accused of misrepresentation later on.
Some might think that saying “no” would make it easier to get F1 approval, but that could backfire. Honesty on immigration forms is more important than strategy—and even if there’s a hint of immigrant intent, many have still been approved after being truthful.
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In the end, the rule is straightforward. The form isn’t just inquiring about what was personally filed—it’s looking for what’s on record. If a name shows up on an I-140, it speaks volumes.
Even one unchecked box can raise a red flag. And in U.S. immigration, untangling confusion later is always trickier than being clear from the get-go.
