late_gc Posted November 23, 2016 Report Share Posted November 23, 2016 I am US citizen and want to apply GreenCard for my sister , which I believe I-130 form is the way to go and it takes at least a decade to hear back from USCIS. Meanwhile if she want to apply for non-immigrant visa like visitors visa or H1-B work visa, is there any issue in obtaining the non-immigrant visa? I have heard somewhere that there are issues with obtaining non-immigrant visa after you have applied for immigrant visa. thanks- Link to comment
pontevecchio Posted November 23, 2016 Report Share Posted November 23, 2016 First have her get a 10 year tourist visa and then filing an I-130 should be off the radar for her entry. MANY have done this successfully. H1/L1 /L2/H4 are considered dual intent and allow for Immigrant Intent. Link to comment
JoeF Posted November 23, 2016 Report Share Posted November 23, 2016 On the application for a non-immigrant visa like the B2 there is a question if an immigrant petition has ever been filed for the person. The I-130 is such an immigrant petition. The B2 does not allow immigration intent, so there clearly is a conflict because the I-130 shows immigration intent. That makes it very hard to get a visitor visa when an I-130 is filed. An H1 allows immigration intent, so it is not a problem getting that. Link to comment
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