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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
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My husband was refused entry into the USA cos he applied EB

Customer Question

My husband was refused entry into the USA cos he applied for an EB -1A visa on his last trip and left the country but while his case was still pending . They say is a conflict of interest. Pls what other visas can he use to come into the country again since they say he can't use a visitors visa
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Expert James replied 11 months ago.

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ANSWER: It is not a conflict of interest, per se, but a conflict in his perceived intent. You seen when he filed for an EB-1A green card, he told the immigration authorities that he intends to immigrate to the US permanently. As such, he is ineligible for a temporary, non-immigrant visa that is not a dual intent visa.

In order to come back, he either 1) has to convince a consular officer and a border officer that he no longer has immigrant intent, while also showing extremely strong ties to his home country, or 2) find a dual intent visa that will allow him to have both immigrant and non-immigrant intent.

There are only two dual-intent visas: H1 and L1. Everything else is strictly non-immigrant or immigrant intent.

If neither of those are an option for him, he needs to continue on his path for the EB-1A green card. Once the petition is approved, he can apply for the visa at the US consulate abroad, and use it to enter the US to become a permanent resident and get his own green card.

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Expert:  Expert James replied 10 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

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