Pending GC and visitor visa

[calif_indian]

Hi Folks,

If one has a pending GC applied by a relative long time ago, what effect ,if any, does it have if applying for a visitor visa ?

Details : My parents and my brother (age 28) have a GC pending for the last 14 years applied thru my mother's sister. Not sure which stage is it in (since they are not interested anymore).But now my brother wants to come here to appear for the CSA (medical exam) on a visitor or J-visa and they are wondering if their pending GC would cause him any issue. Hence this post. Would appreciate any inputs.

Thanks,
Calif_indian

[usnycus]

Pending GC shows intent from beneficiary to settle permanently in US. It can cause problem at US embassy/consulate during any non-immigrant visa interview.

[hadron]

How can your brother have a petition pending through his aunt ?? (was he on your moms petition as a minor ?)

If he indeed has a bona-fide petition pending, it might be worthwhile for him to follow up whether it was approved and how long he will have to wait for a visa number.

He should avoid getting a J1 visa at any price if there is a chance for him to get a family based GC, otherwise he might not be able to take advantage of it.

[calif_indian]

Yes he was a minor on parent's petition. Thanks for the replies.

So is it advisable to wait more for the visa no. after such a long wait or withdraw it so that my brother can come here without any issues ?

How long does it take to withdraw the pending GC and how can one do it ?

[hadron]

I might be wrong here but:

I think with him not beeing a minor anymore, he fell of your parent's petition in the first place (age-out).

The petition is not for him, but rather for your parents.

You might want to get better advice than this BB, but I think he might be able to answer 'no' to the question 'was ever an immigration petition filed on your behalf'.