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Family based Immigration advice needed

USA immigration, green card questions:
Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

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bobs21
Newly Registered
Posts: 1
Joined: Sat Aug 19, 2006 8:44 pm

Family based Immigration advice needed

Post by bobs21 » Sat Aug 19, 2006 8:46 pm

Hi,

I am currently residing outside the US and I already have a 10 year B1/B2 multiple entry US VISA. My sibling will very shortly apply for a Green Card (Family based- 4'th preference) for me. Am not sure what'll happen to to my B1/B2 VISA the moment the Green Card application is filed.
1) Will the VISA get cancelled since I'm showing an intent to immigrate?
2) Will I be barred from entering the US (if at all my VISA stands cancelled) till the time I actually get the Green Card?

Would really appreciate if you guys could help me out on this...

Many thanks,
Bob

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Sun Aug 20, 2006 12:58 pm

1. Visa will not get cancelled based on immigrant intent where such is based on the above application.

2. You will not be barred from entering the US.

There is no denying however that it does add an element to your 'may not return home' factor which is considered at any visa application or port of entry stage. I think it may be more of an issue at visa issuance. If your ties to the relevant country are strong (on initial impressions having a 10 yr B1/B2 indicates to me your socio-economic ties are likely solid) you should be ok. In any case the 4th preference is a long wait IIRC they are processing applications from about 12 years ago unless you are from Mexico or Phillippines where the time line is even further back. Such could get worse if the visa numbers retrogess.

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