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I130 approved - Visa Processing is ongoing - can I130 applicant apply for Visitors Visa

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by WestIndian76, Aug 26, 2012.

  1. WestIndian76

    WestIndian76 New Member

    Question to anyone who has experienced this.
    I Filed back in January of 2006 for my Parents and a brother over 21.All I130's were approved.
    My parents received there cards very fast and in under 2 yrs were up here in the United States.

    My Question falls to my brother - I do know that there is a longer time frame for his - but his was also approved in 2009 - see below:

    On December 3, 2009, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.

    My question is two fold -

    Do the years from 2006 Count towards his place in line or does his place in line start from 2009.

    Can a I130 applicant who is currently awaiting the DOS visa Processing apply for a visitors visa - to visit my parents and I once or twice a year - until actual approval comes through.He is the only one of us alone and we just want to be able to see him and him us until he can make the Permanent trip up here.

    Do letters help with process as to why we would like him to have a visitors visa - or does none of this stuff hold weight.

    Just want to see if it is worth a shot for him to try to get his visitors visa renewed or if he just has to wait in line.

    Thanks to any of you that can shed some light.
  2. Triple Citizen

    Triple Citizen Registered Users (C)

    What matters is the priority date on the NOA.

    Yes, they can apply for a visit visa. However, it most likely will not be approved since the applicant will fail to overcome 212(b). However ho harm in trying!!!

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