Good day to you all,
My name is Syed. My wife applied for a spouse visa for immigration to USA, but since she has been living with me outside USA, all this time, she abandoned her GC Status, hence the spouse visa she applied for me is also rejected.
My questions are :
1. Can i apply for H-1 , education, or any visa, as i have i heard that once u r rejected for Green card, its hard to get any other visa. ?
2. Can my wife apply for any USA visa ?, she's already been rejected for SB-1
3. If my wife can travel to usa on any visa, is it possible that she can re apply for spouse visa.
Your help in this regard is highly appreciated
You need to consult an attorney. The fact that your wife used to have a green card, and you applied for one yourself, will make it very tough for you to prove that you have no immigrant intent, which is a requirement to obtain a non-immigrant visa.
Consult with an immigration attorney. Some non-immigrant visa classifications require non-immigrant intent so they would be difficult to obtain after your wife filing for you and your wife having abandoned her own LPR status. However, there are some visa classifications that allow dual intent, such as an H or L, so that a visa application based on those visa types can be approved. OR, you may seek a different immigrant visa if you have other basis for an immigrant petition, through family, employment, diversity lottery, etc.
1. Yes - H-1B has dual intent and applying for resident status is not a bar
3. May be possible but more information is needed
Contact an immigration attorney.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
Even if you think your case may be easily analyzed online by a few randomly assorted attorneys, your case needs a full review by a licensed counsel.
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