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Does a visitor visa rejection affect a current application for green card in any way?

Newark, NJ |

My grand mother had filed an application for green card for my parents and my mother applied for a visitor visa sometime later but she was rejected. I am here in US and am a green card holder by adoption. My mother was told that since I got permanent here, they suspected that my mother will also try to settle here and so, rejected her visitor visa application. I will complete my 5 years of green card in Feb 2013 but I want my mother to visit me now since I am getting married. Will it affect her current green card application if she tries to apply for a visitor visa again and gets rejected? Also, I will be upgrading her application to immediate relative once I get my own citizenship, will it then be a problem if she has visitor visa rejections?

Attorney Answers 5

  1. Best answer

    If you were legally adopted you cannot petition for your biological mother.

    Applying for a tourist visa will not effect her I-130 but she more likely than not be given the tourist visa. She must disclose the I-130 and is deemed to have immigrant intent.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

  2. You indicate that your grandmother filed an application for your parents (her child). Is that correct? If so, a reason your mom's visa was likely denied is due to that application that was filed on her behalf. A visitor's visa requires that the visitor does not have any immigrant intent, which the relative petition which was filed on her behalf negates (meaning there obviously is an immigrant intent since she is awaiting an immigrant visa to become available). Anytime someone files a relative petition for someone, there is a presumption of immigrant intent, making it less likely that a visitor's visa will be issued.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.

  3. No, it should not.

    Realistically, however, the chances of your mother being granted a visitor's visa based on the facts as you stated them here are slim to none, despite your upcoming wedding.
    I am truly sorry, but I have to be painfully honest.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  4. I agree with the excellent answers you received from my colleagues here.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

  5. Your question raises many questions. If you were adopted you cannot petition for your biological mother. If any of the applications failed to disclose something or was not 100% accurate there could be fraud charges that prevent issuance of any visa. I'd recommend setting up a consultation with a lawyer and bringing copies of the applications.

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