QUESTION

Can I apply for nonimmigrant visa for my son and husband while my green card process is pending for Interview.

Asked on Nov 10th, 2020 on Immigration - New York
More details to this question:
My green card application is pending and waiting for the final interview, but I want to apply for nonimmigrant visa for my son and husband. Can I do so without it affecting my outcome for green card and visa versa? And I recently found out I'm pregnant, will this also affect my pending green card.
Report Abuse

1 ANSWER

Trademarks Attorney serving New York, NY
3 Awards
According to the law, the existence of green card petition in process is not by itself a bar to other nonimmigrant petitions. Additionally, offices handling green card petitions are different from those handling non-immigration petitions. That said it is important to understand that under an immigrant visa petition, a green card petition, you need to prove the basis of your case. In the case of marriage, specifically, a person must prove that she intends to make a life in the U.S. These representations are contrary to the ones you make when requesting a nonimmigrant visa. Under a non-immigrant visa petition, the petitioner must provide her tights to the country of origin and that she does not intent to live permanently in the U.S. Here is the problem, the affirmations made to get an nonimmigrant visa are different from those made to get a green card. In the long run this could be an issue, specially with the nonimmigrant petition, and it could be denied. 
Answered on Nov 11th, 2020 at 11:01 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters