I applied green card for my husband. now wondering if he can come to states on student visa? can he even apply for student visa

Asked over 1 year ago - Denver, CO

i am a green card holder myself and my citizenship is due in 2016.

Attorney answers (2)

  1. Laura L Lichter

    Contributor Level 13

    Answered . In order qualify for most visas (except certain employment visas), you must show that you do not intent to remain in the US. Unfortunately, this presumption of "immigrant intent" is built in to the regulations.

    A person whose spouse lives in the US and who is already established their intent to eventually immigrate (as evidenced by your I-130 immigrant petition for him) will have a difficult time obtaining a visa. It's not impossible, but it is a dramatically different situation that if you were not in the US and/or if you had not applied for his residence.

    You should consider consulting with an attorney to see if there are any other options (such as an H-1B visa or particular facts about your situation that make it worth crafting a student or visitor visa application).

    This answer provides only general information and may not be relied on as legal advice. For more information... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    Answered . He can apply, but in most likelihood it will be denied due to the immigrant intent.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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