All visa applicants are regarded as intending immigrants. She must be able to overcome this by showing compellling reasons for her to return/exit the U.S. and not stay beyong the authorized period of stay.
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I agree with my colleagues. It is possible however if there are compelling reasons, i.e., to go to the bedside of a loved-one after a medical procedure.
Extremely unlikely that she would be admitted on a non-immigrant visa with a pending I-130. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
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