GC for Sister - indian citizen, no current US visa.

B

beauty30

New Member
As a US citizen, I am considering applying for a GC for my Indian sibling who currently has no US visa.

1. However I am concerned that it will preclude them from gaining a non immigrant (Visitor) visa to visit me. Are there any ways to work around this?

2. Secondly if she were to have a 10 year visitor visa, I believe that it will take her north of 14 years to get a GC. Would she have issues travelling back and forth on her current visitor visa for the next 10 years?

Thanks all.
 
A visitor to the US may not have immigrant intent. Once you file, she does and is unlikely to receive a new tourist (or student) visa. Some people have been denied entry even with an existing visa once the petition has been filed for them.
 
File the I-130 when she is in the US next time. Then when she travels to the US again after that, if harassed about the I-130 she can say she was previously in the US when it was pending but she left anyway without overstaying and will leave again.
 
A1: Theoretically, only H and L visas may be available for her once you file an I-130.
A2: Possibly. She can always try to enter as a visitor. Just be mentally prepared for being denied entry.

beauty30 said:
1. However I am concerned that it will preclude them from gaining a non immigrant (Visitor) visa to visit me. Are there any ways to work around this?

2. Secondly if she were to have a 10 year visitor visa, I believe that it will take her north of 14 years to get a GC. Would she have issues travelling back and forth on her current visitor visa for the next 10 years?

Thanks all.
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