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I am applying for my sisters’ immigration to the USA Via the…

Customer Question
Hello. I am applying...

Hello. I am applying for my sisters’ immigration to the USA Via the I-130 (petition for alien relative). She currently has a visitor visa (B-2) that is set to expire in June. She would like to renew the visa because she will be visiting me next November to attend my daughters wedding. Someone told me that if you apply for someone’s immigration, they are not allowed to apply for a visitor visa therefore, she may not be able to visit me if I send in her application before she visits me. Can you please clarify this for me? Thank you!

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Not yet

Lawyer's Assistant: Have you talked to a lawyer about the green card?

No

Submitted: 3 months ago.Category: Legal
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Answered in 9 minutes by:
3/24/2018
Lawyer: Bill Attorney, Lawyer replied 3 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,595
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your immigration law question this evening. I'm attorney an experienced immigration lawyer assisting you today.

If you file a i-130 application for your sister there is an immigration intent on your sister's behalf as this is for a permanent resident visa.

This established an immigration intent, whereas the B2 visa is an non-immigrant visa for a specific period of time in which the holder is required to leave the US after expiry of the stay-period.

If entering ion a B2 visa with a filed i-130 on her behalf she can be refused under the immigration and nationality act for not complying with the visa terms, ie having an immigrant intent.

Sow while she can apply for a visitor's visa she might be denied at port of entry to the US or during her visa renewal application.

This comes down tot he decision of the consulate officer and customs and borders protection at entry.

We are here to help so please follow up with me as required.

In return your positive rating is what gives me a credit for my time .

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated in this regard.

Best

Attorney Bill

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