Family Based GC

A

ASHAJ

New Member
My husband, younger son and I have just become naturalized US citizens. I want to sponsor my older son and his wife for GC. He returned to India after spending 8 years- 2 years on F1 and 6 yrs on H1B in the USA. He is married and has 2 children, both born in the USA, he also owns an apartment here in the US.

I would like to know if my sponsoring him for GC will in any way prevent him from coming to the US on another H1B visa or Tourist Visa while his family based GC is pending.

Please advise.Thanks
 
Last edited by a moderator:
No and Yes. H1B visas allow dual intent while Tourist visas do not. Even with the Tourist visa, if he has already acquired the visa, he may travel on it provided he is truthful at the port of entry if/when they question him regarding anyone filing an immigration petition for him.

If he has not acquired the tourist visa however, he will be ineligible for it since the visa application ask whether someone has filed an immigration petition for him and upon answering yes, the chances of being approved are slim.

Cheers!
 
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