Does my U.S. Visitor's visa gets revoked if my status change request to resident is denied?
Houston, TX |
I enter the US with a visitor's visa and married to a US citizen. We applied for status change from visitor to resident, however, if for any reason the residency is denied, will the visitor's visa be revoked?
NYC EXPERIENCED IMMIGRATION ATTORNEYS
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The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
Generally, one's status reverts back to its original legal current visa status, UNLESS, there is a finding or presumption of fraud that results not only in denial of the sought AOS by virtue of a marriage to a USC, but also to cancellation of the initial nonimmigrant visa, as such visas are always discretionary and may be revoked or denied at any time.
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Attorney Alexander Ivakhnenko
1021 West Adams, 102, Chicago, Illinois 60607
A visitor visa indicaters no intent to migrate. Change from visitor to resident indicates your changed intent. Consult with an attorney.
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it is best to consult with an immigration attorney. As my colleague pointed out there is an intent issue. On a visitor's visa you are only allowed to have the intent to return to your home country. Applying for residency does negate that intent.
Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.