Non-immigrant Visa for a person who had prior intent to immigrate

[Avalon]

What happens in this case,

If someone who was on H visa, started GC process and went back before approval. Can that person get a non-immigrant visa later in the life (as a visitor or as a business traveller, B2/B1 visa)? Will Consulate deny the visa based on the fact that the person had shown intention to immigrate and reside permanently previously?

 

[sadiq]

If the individual filed an I-485 (or CP) it could be grounds for a denial. Particular circumstances would of course determine each case.

rgds
sadiq

 

[niladri30]

There is no legal basis for denial. Only discretionary. Unfortunately, that translates to: "consular officer (mood?) dependent".