Visit vis while GC pending

D

dd57

Registered Users (C)
I had filed for my brother's GC in 1993 along with other siblings. I never told any of them as I was not sure if they were interested to migrate here. One of my brothers has visited the US on business several times. I told him about the GC processing two months ago. He still has a business visa valid till 2007. My questions are:
(1) If he decides to take the GC will he have a problem since he indiacted that (as far as he knew) no GC was filed on his behalf. He did indicate that he has US citizen brother in his visa application.

(2) If he has to visit the US again on business, does he have to get another visa (since he knows GC has been filed on his behalf)

Thanks
 
If he was issued a visa since you filed the 130, and no connection was made then or at any time of entry...he might be lucky. Since he didn't know of the iv filing, I see the possibility (and I would be concerned)that maybe his paperwork stopped processing years ago. The 130 you filed in '93 was probably approved and sent to the nvc back in 2001 or 2002. At that time, the nvc would have sent him (and each of the others) paperwork that if he never recieved, he couldn't respond to. When you don't respond for a year, the case is considered abandoned...and that would explain why there was never a conflict.
Of course on that same thought, if his case had continued processing all this time, then he would have had to sign at least the ds3032 in recent years.
Anyway, your questions
1. sure, he could be asked about that, and his explaination could affect the outcome
2. I would say not unless his current one gets cancelled or he gets denied entry, since it is the same kind of visa he would have recieved had he disclosed the pending iv. You might get different views on that
What about your other siblings? Was anyone happy you did that?
Good Luck
 
My brother had the same scenerio and He had also visited USA while waiting for GC approval from family sponsership. but at the time of GC interview, They didnt give any problem. Just asked if he has visited USA earlier and why? and no more questions. He got his GC smoothly.
 
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