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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105163
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My brother has filed my immigration petition in 2010, which

Customer Question

My brother has filed my immigration petition in 2010, which has been approved and now my application is at national visa center.
I want to apply for a non immigrant visa USA to visit my brother, can I do that and will it affect my petition for permanent residence filed by my brother
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

You can apply for the B-2, but most likely they will not approve it. Why? Because to get one, you are supposed to have immigrant intent and when you have a pending I-130, that is evidence of immigrant intent. Luckily, you can try and if you fail, it will not have a negative impact on your brother's petition for you. If you get the B-2 approved and you attempt to enter the U.S., at that time you must prove a second time that you have the intent to go back home. As long as you do not lie about anything, it will not hurt your brother's petition if they do not let you in at that time, but there is a small risk of a 5 year bar if they do not allow you to withdraw your request to enter if they decide not to let you in.

So try to apply, but to not lie about anything.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 6 months ago.

Thank you for your kindness and respect. Good luck to you.

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