Visitor visa Indian senior citizen, Family based green Card in progress, Can I get visitor visa?

Asked 10 months ago - Cleveland, OH

My parents, 60+, have unsuccessfully tried for US visitor visa for 4 times (India, Mumbai Consulate). People say because my parents have family based green card in progress (filed in 2003) they can NOT get US visitor visa - Is this valid claim? Thanks in advance for your help.

Attorney answers (5)

  1. Stephen D. Berman

    Contributor Level 20

    2

    Lawyers agree

    Answered . A pending immigrant visa is at the very least a factor they may consider at the embassy in deciding whether people are likely to keep to the terms of their nonimmigrant visa.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. Lynne Rogers Feldman

    Contributor Level 18

    2

    Lawyers agree

    Answered . Filing an immigrant petition is a strong indication of immigrant intent. A person applying for a visitor visa has the burden to show non-immigrant intent so there is a built in conflict without VERY STRONG ties to show they will return at the end of their visit.

  3. Andrew D. Slepian

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . It has to do with whether you can prove that you are going to return to India. Having a visa number available in the near future is going to go against that argument. Hire an attorney to be thoroughly prepared.

  4. Juan Paolo Pasia Sarmiento

    Contributor Level 15

    Answered . Not an automatic basis for a denial but a big factor that weights into the consular officer’s discretion.

    [removed]

  5. Hasan Abdullah

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You never know, there might be some things to do to strengthen the application, but yes the GC petition is a negative factor. [removed]

    Hasan Abdullah is an attorney licensed in the State of Illinois. The answer provided is informational use only.... more

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