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The I-130 (initial review stage) will effect my request for visit visa?

Kansas City, MO |

I have a residence visa in UAE (Iraqi citizen) would like to get a visit visa to the US to see my sister and parents , but i have an application in the USCIS for I-130 (initial review) ,my question is shall I mention this in the visa application , did this will effect getting the visa or not ?
please advise.

Attorney Answers 5

  1. Absolutely it would, as it shows a preconceived dual immigration intent.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

  2. The visa application does ask that question, so you should answer it truthfully. It may affect your application for a visitor's visa, depending on when the immigrant visa is likely to be available.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  3. You must disclose the pending visa petition when applying for a visitor's visa. The application specifically asks about pending immigrant visa petitions and you must be truthful. Your failure to disclose the pending immigrant visa will likely lead to a denial of the visa application as well as a permanent bar to admission for willful misrepresentation. The fact that you have an immigrant visa petition pending could impact whether you get a visitor's visa depending upon when the visa will likely be available and other factors like your ties to your country of residence/citizenship, prior immigration history, purpose of trip, length of trip, etc.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

  4. Yes, having an I-130 on file makes you ineligible for a visitor visa to the U.S. The reason is that in order to be eligible for a visitor visa, you must demonstrate that you only intend to visit the U.S. temporarily and you will return to your country. Having an I-130 on file shows that you desire to move to the U.S. permanently. That prevents you from showing that you only intend to visit.

    My response to your question is for informational purposes only, and is not legal advice, nor does it create an attorney-client relationship.

  5. Actually, we have done this a number of times. You have to disclose the Immigrant Visa in process, and give an itinerary, return ticket, etc. to demonstrate that you will return back to your home country in order to continue with consular visa processing of the immigrant visa. There is a specific Foreign Affairs Manual note on point and so far we have not had anyone turned away when they were properly prepared.

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