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My husband needs to get usa soon to start his residency this year 2013 and his visit visa application denied wh shud he do now

Gaithersburg, MD |

hi , i am a permanent resident of usa for 7 years but i did not stay in usa all those years, i was going back home back and forth so couldn't complete the time period of 5 years continuous residence as well as physical residence in order to apply for citizenship .i recently got married and applied for my husband immigration by filing i130. he is a doctor back home he took usmle step 1 and step 2 ck back home and passed these exams then he applied for step 2 cs which he could only take in usa he was supposed to take it in june 2013 , he got the ecfmg approval letter as well but he dint get the visit visa because they told him i have applied for him already .my question is if i cancel my petition for immigration of him r there more chances that he would get visit visa soon to take third

Attorney Answers 3


  1. Best answer

    Canceling will not help him get another type of visa because the Department of State know he has the intent to immigrate. And for that reason he will not get a visitor visa either. He should put off his residency until he gets the immigrant visa.


  2. It will be very difficult for a person married to a green card holder to get a J visa.

    (213) 394-4554 x0 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.


  3. Canceling the I-130 will not help.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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