Does my U.S. Visitor's visa gets revoked if my status change request to resident is denied?

Asked over 1 year ago - Houston, TX

I enter the US with a visitor's visa and married to a US citizen. We applied for status change from visitor to resident, however, if for any reason the residency is denied, will the visitor's visa be revoked?

Attorney answers (6)

  1. Alexander Joseph Segal

    Contributor Level 20

    13

    Lawyers agree

    Answered . Not automatically.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Sreenivasarao Vepachedu

    Contributor Level 14

    10

    Lawyers agree

    2

    Answered . A visitor visa indicaters no intent to migrate. Change from visitor to resident indicates your changed intent. Consult with an attorney.

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an... more
  3. Alexus Paul Sham

    Contributor Level 20

    10

    Lawyers agree

    Answered . it is best to consult with an immigration attorney. As my colleague pointed out there is an intent issue. On a visitor's visa you are only allowed to have the intent to return to your home country. Applying for residency does negate that intent.

  4. Alexander M. Ivakhnenko

    Contributor Level 20

    9

    Lawyers agree

    Answered . Generally, one's status reverts back to its original legal current visa status, UNLESS, there is a finding or presumption of fraud that results not only in denial of the sought AOS by virtue of a marriage to a USC, but also to cancellation of the initial nonimmigrant visa, as such visas are always discretionary and may be revoked or denied at any time.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  5. Gen Kimura

    Contributor Level 18

    7

    Lawyers agree

    Answered . I agree with my colleagues.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  6. Anu Gupta

    Pro

    Contributor Level 19

    6

    Lawyers agree

    1

    Answered . I agree with my colleagues.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more

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