immigrant visa petition (family based) along with visitors visa

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rk2

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I am about to file an immigrant petition (immediate family). I was wondering if there would be an issue if they go for a visitors visa after the immigrant petition is filed. Does this violate anything? i.e, immigrant petition pending (immigrant intent) and a visitor visa application (non immigrant intent)? Can someone post their comments please? or are we better off applying for a visitor's visa first and then file the immigrant petition?

-RK
 
rk2 said:
I am about to file an immigrant petition (immediate family). I was wondering if there would be an issue if they go for a visitors visa after the immigrant petition is filed. Does this violate anything? i.e, immigrant petition pending (immigrant intent) and a visitor visa application (non immigrant intent)? Can someone post their comments please? or are we better off applying for a visitor's visa first and then file the immigrant petition?

-RK
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Of-Course it will be a conflict. if you have an immigrant petition already filed, how can you convince the visa officer for a non-immigrant visa? its a direct contradiction to the visa issuance rules. Just think about it ................
 
That's what I thought. I know for certain that if someone is currently on a F-1 visa (non immigrant, single intent) visa, they can't apply for permanent residency (immigrant) resulting in a chage of intent. If the same person is on a H-1B (a dual intent visa unlike a F-1), then there's no problem with applying for permanent residency. I was out of touch with immigration issues for a while and wanted to check if things have changed lately.

I know what I got to do now.

-RK
 
It's a contradiction alright. But what are the consequences? Let's say we file for an immigrant petition (family based) and then they later go and apply for a visitor's visa. What happens next? Would the consular officer automatically deny the visitar visa application because of the contradiction?

-RK
 
Most likely the visit visa application will be denied, but it is not a guaranteed event. My parents were never denied a US visa while having a US born child, my sister. Luck of the Irish I guess.

rk2 said:
Let's say we file for an immigrant petition (family based) and then they later go and apply for a visitor's visa. What happens next? Would the consular officer automatically deny the visitar visa application because of the contradiction?
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Have your parents ever appiled for a US immigrant visa though? Having a US born daughter doesn't construe as having an intent to immigrate. In our case the we've established that intent by applying for an immigrant visa.

Also, let's assume the my family gets their vistor's visa and then later I apply for their permanent residency (it's going to take 12+ years before they get to work on that family category). In the meantime when the family visits us in US and their immigrant petition would still be pending with USCIS, do you think or know for certain that the immigration officer at POE might deny entry just based on this scenario (pending immigrant petition and entering US on a visitor's visa).

Thanks,
RK
 
Eventually they did, moved to the US on GCs, naturalised and then move to Canada :)

In your case, no one can be certain that your family will be turned away at the POE when their I-130s are discovered. It all depends on the individual officer at the POE.

rk2 said:
Have your parents ever appiled for a US immigrant visa though? Having a US born daughter doesn't construe as having an intent to immigrate. In our case the we've established that intent by applying for an immigrant visa.

Also, let's assume the my family gets their vistor's visa and then later I apply for their permanent residency (it's going to take 12+ years before they get to work on that family category). In the meantime when the family visits us in US and their immigrant petition would still be pending with USCIS, do you think or know for certain that the immigration officer at POE might deny entry just based on this scenario (pending immigrant petition and entering US on a visitor's visa).
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