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I applied green card for my husband. now wondering if he can come to states on student visa? can he even apply for student visa

Denver, CO |
Attorney answers 2

Posted

He can apply, but in most likelihood it will be denied due to the immigrant intent.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Posted

In order qualify for most visas (except certain employment visas), you must show that you do not intent to remain in the US. Unfortunately, this presumption of "immigrant intent" is built in to the regulations.

A person whose spouse lives in the US and who is already established their intent to eventually immigrate (as evidenced by your I-130 immigrant petition for him) will have a difficult time obtaining a visa. It's not impossible, but it is a dramatically different situation that if you were not in the US and/or if you had not applied for his residence.

You should consider consulting with an attorney to see if there are any other options (such as an H-1B visa or particular facts about your situation that make it worth crafting a student or visitor visa application).

This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit www.lichterimmigration.com or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to www.ailalawyer.com. Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.