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Results 1 to 10 of 10

Thread: can you apply for non-immigrant visa while your I-130 application in process?

  1. #1
    I applied for my sister an immigrant visa back in 2006 and there's a 10 years backlog for that category. I'm just wondering if she can apply for a non-immigrant visa to come to visit me while her immigrant visa application is in process. Off course she will go back after visiting me. And also how long can she stay here with a non-immigrant visa?

  2. #2
    I applied for my sister an immigrant visa back in 2006 and there's a 10 years backlog for that category. I'm just wondering if she can apply for a non-immigrant visa to come to visit me while her immigrant visa application is in process. Off course she will go back after visiting me. And also how long can she stay here with a non-immigrant visa?

  3. #3
    She can apply, but such applications are routinely denied by the Department of State. The standard time of admission for an alien with a B-2 visitors visa is 6 months. Aliens who are admitted but immediately apply for adjustment of status are generally denied adjustment based on fraud, as a non-immigrant visa is not for avoiding waiting times for immigrant visas. Aliens who do not disclose an immigrant visa application can also be denied a visa and refused entry by Customs and Border Protection at a Port-of-Entry. Aliens who obtain non-immigrant visas but disclose their immigrant visa application can also be refused admission at the Port-of-Entry as an intending immigrant.

  4. #4
    Thanks for your answer. What if I (as a USC) provide a letter in the visitor visa application guaranteeing that this is only a visit and my sister will go back to her country after?

  5. #5
    Such letters are routinely ignored as they have no legal standing.

  6. #6
    Someone12
    Guest
    how can you 'guarantee' her return? You have NO legal authority over her, you cannot make her board an airplane nor can the embassy 'force' you to keep your empty promise. Your letter wouldn't be worth the paper it's printed on. Ask yourself this question: if your sister decided to stay, who could force you to force her to leave the country? (hint: no one) ergo, your 'guarantee' has no value because it is not enforceable.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by moonp:
    I'm just wondering if she can apply for a non-immigrant visa to come to visit me while her immigrant visa application is in process. </div></BLOCKQUOTE>
    Yes, she can apply. She will have to convince the consular officer she will return to home country as any other non-immigrant visa applicant has to do. The same goes for Port of Entry.
    moonp, many people in similar situations have been successful in getting a visa. Consulate knows about the long wait and that she can't just adjust status .

    After many years following immigration issues, I don't think that "such applications are routinely denied". It all depends on personal circumstences.

  8. #8
    Thank you aneri. I actually forgot to mention that she has had a visa before and used it to come here and returned after that. But her visa is already expired. Do you think that will help her in getting a new visitor visa? I know some comments mentioned before that a letter will be ignored, but can I send a letter of invitation or should I not bother at all?

  9. #9
    Someone12
    Guest
    if she used that visa properly, that's the best asset she could have....far better than any letter.

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
    if she used that visa properly, that's the best asset she could have.... </div></BLOCKQUOTE>
    Your invitation letter won't hurt: she will disclose why she wants to visit USA and relatives there anyway

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