GC application for Brother -- blocks H1 / B1 / E1 visa ?

[mastik]

If Brother A (U.S. Citizen) files a green card application for Brother B (foreigner), does this block or influence the ability of Brother B to obtain H1 / B1 / E1 visa for himself, during the twelve+ years of waiting for the GC to get approved ?

 

[BigJoe5]

http://www.americanlaw.com/dintent.html

Please read above item.

As for a B1/B2, it should not be a problem in the early part of the waiting period but as time goes by it would likely become an issue,

 

[namecheckvictim]

Not for H or L visas though, they both allow immigrant intent.

 

[Jackolantern]

http://www.americanlaw.com/e1e2.html

A limited form of dual intent is recognized for E nonimmigrants. The Department of State ("DOS") position is that an applicant who is the beneficiary of an immigrant petition may still be eligible for E status by showing that she will not remain in the United States to adjust status to lawful permanent resident or otherwise remain in the United States regardless of the legality of his or her status. The USCIS position is that an application for initial admission, change of status, or extension of stay in E classification may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition. In addition, an applicant who has already filed an application for adjustment of status may still file for an extension of E status after that date.

Notwithstanding the above, INA §214(b) still applies to the E nonimmigrants. A prior overstay or violation of status while in the United States will often strongly infer that the applicant does not intend to depart from the United States upon termination of her status and it will be very difficult to overcome such an inference. The only way to overcome the presumption of immigrant intent in such situations is to establish (if possible) that the violation or overstay was brief and inadvertent.