Brother on 10 Year Visa Travel while Greencard is being processed

[kjm1982]

Hi,

 

I am a US citizen through naturalization  and plan to apply for my brother who is born/resides in India.

 

Over the past 5-7 years he has held F1 and B2 visa. After his studies he returned back to India and currently holds the 10 year multiple entry B2 visa.

 

As the process in the sibling category takes too long (10-12 years); I was wondering does he have an option to enter and leave USA on his B-2 visa till the file is approved.

 

Please let me know.

 

Thanks!

[pontevecchio]

There is always a risk of being not allowed in though I would say small. Maybe discuss specifics with a Lawyer?

[JoeF]

It is generally at the discretion of the officer at the POE. It may work, it may not work. He always need to be prepared to get denied entry.