sponsoring relatives after US Citizenship

H

helper

Member
Guru's,
My sister just got citizenship and is considering to sponser Green card for my brother under FAMILY-SPONSORED PREFERENCES - Fourth Category. I know that it is long wait for about 12 years for priority dates and processing of application.

My question is : If a person apply for Green Card ( immigrant Visa) , is he going to have problem to obtain any non-immigrant visa to enter the USA before he gets a green card. One question on Visa Form is : Has anyone ever filed an Immigrant Visa Petition on Your Behalf ? So, if you have shown intent as an immigrant, is it going to be problem to obtain non-immigrant visa.
12 years is a long time and things can change and a person may have to visit USA for any reasons (student, visitor, business. etc etc.. ). We want to advice him the potential consequences of extremely difficulty to come to USA on any other non immigrant visa for about 12 years till GC.

Please comment or advice ? :)
 
Yes, I do think that applying for a GC will cause a problem if you want to apply for a non-immigrant visa later on. A visitor visa is a non-immigrant visa ...and you will have to own up in the application that you've applied for immigration thru a gc - and of course the consulate office will not view this kindly.

just my opinion and interpretation of the laws. I'd be interested to hear other views.
 
I too am very curious to understand the implication of applying for a GC for a relative, and it impacting in their getting a non-immigrant visa during the long wait of 12 years.

This is an excellent point, which almost all visitors of this forum, as future potential US Citizens, need to understand, since we all wil surely reach this decision point at some time or the other.

Experts, like JohnnyCash, JoeF, and all others, please throw in your expert comments on this topic.

TIA.
 
JoeF,

So does that imply, in practice, most siblings who have had a GC petition filed for them, cannot travel to the US in those 12 years, as a visitor ? i.e. in general can one assume that any B1/B2 visas filed during those 12 years have a high probability of being rejected due to 'iimigrant' intent in a previous filing ?

Thanks.
 
Joe,

If i am going to apply my gf coming to US using I-129F, before the visa is approved, could she apply for a tourist visa to come to US?

Is I-129F considered as an immigrant visa?

thx
 
I think that it should not matter as far as u can prove in ur interview that the intent for Non-immigrant visa.

Also, once u become citizen, for whom in the family u can file ?
1) Father
2) Mother
3) Brother (any age restrictions)
4) Brother's wife?
5) Brother's Kids
6) Sister
7) Sister's husband?
8) Sister's Kids

Thanks,
 
JoeF said:
Furthermore, an I-485 can not be filed if a person was out of status for over 180 days or if a person entered without inspection.
Click to expand...

i thought a USC filing for I-485 for immediate relatives (i.e., spouse, children, parents) does not have an upper limit when it comes to being out of status? only if a the relative entered without inspection that it cannot be filed. meaning, regardless of how long one has been out of status or overstaying, it'll all be forgiven for being an immediate relative of a USC. but it does not apply if the relative did not go through inspection. please clarify. thanks!
 
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