QUESTION
Can I apply for a no immigrant visa while my filing is in process
Asked on Mar 12th, 2013 on Immigration - Connecticut
More details to this question:
I am presently in school, and they are planning an exchange program to send us for a week for experience iN the US. My husband, who is living in the US has started my filing process, what are the chances of me receiving a noniMmigrant visa for school purposes
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The chances are probably not very good, but if you wish to apply for a nonimmigrant visa, you should be entirely honest with the American Consulate and explain that your husband has already started filing for your permanent residence. You should also check to ensure that, if the exchange program is under a J visa status, there is not a two-year foreign residence requirement attached to the granting of the visa. I assume, however, that in light of the shortness of the visit, a J visa would not be involved. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 17th, 2013 at 10:57 AM
2 Awards
Because you are married to a US citizen you have immigrant intent and you will not qualify for a nonimmigrant visa.
Answered on Mar 13th, 2013 at 12:24 AM