I recently became a US citizen after living in the US for 11 years (H1B, then permanent resident, then citizen). My sister has a great job back at home, but I want her to be able to move here if she wants to, so I want to apply for a green card for her. Her 10-year multiple entry visa recently expired. She's been to the US 4 times (each stay was approximately 2 weeks long). If I file a I-130, would she not be able to get a travel visa any more? If she were to get another 10-year multiple entry visa before I filed the application, would the visa still be valid? Is there any chance an immigration officer would deny her entry despite a valid visa? She would not overstay her visa. She has a masters degree- she wouldn't do blue collar work, illegally or not. Thanks in advance.
To visit you, she will have to show strong ties to home country else the I-130 hints to an immigrant intent.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
It will difficult for her to obtain a B-2 visa once you sponsor her for a green card. Please see
Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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Not very likely under the facts you cite.
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.
This is part of the convoluted mess that the current visa system imposes, particularly on families from the Philippines, India, Mexico and China. It takes ages for a sibling family petition to be approved, and in the meantime, having demonstrated what is called "immigrant intent" a non-immigrant visitors' visa becomes difficult to obtain. In other words, once you tell the government that you would like exercise family unity, they make it difficult for your family to spend time together.
Please tell your US citizen family members that really is time to vote for representatives who are serious about immigration reform.
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