filing for GC for brother what happens to his current visa

A

askh

Registered Users (C)
I am filing GC, I-130 for my brother. My question is .........is his current business visa still valid when we file for his GC and can he still visit on his current business visa when we file for I-130 for him.

Thanks in advance
 
as far as I know filing a I130 petition for your brother won't affect the validity of his b1/b2 visa. Filing of adjustment of status is a different story. If your brothers b1/b2 vissa is valid he can use it anytime to visit.
 
wtnginatl said:
as far as I know filing a I130 petition for your brother won't affect the validity of his b1/b2 visa. Filing of adjustment of status is a different story. If your brothers b1/b2 vissa is valid he can use it anytime to visit.
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The big question is whether your brother will subsequently be turned away by the CBP officer at PoE because there will then be a clearly established immigrant intent through the filing of the I-130 petition.

Its a gray area - he'll probably be allowed in for at least a short time providing he can demonstrate strong ties to his existing country of residence. Don't forget CBP seems to treat everyone as an intending (illegal) immigrant unless they can show otherwise... :mad:
 
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