QUESTION

How can my husband visit me if his I-130 is pending?

Asked on May 05th, 2015 on Immigration - Illinois
More details to this question:
I am a permanent resident. My husband apply for student visa day before we got married and was refused. After six months he applied for tourist visa to came for my graduation and was refused. How can he visit me while I-130 pending?
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2 ANSWERS

Immigration Law Attorney serving Atlanta, GA
3 Awards
Only a few types of nonimmigrant visas, such as an H1B visa, can be used by someone to enter the U.S. while having an intention to apply for an immigrant visa that would enable them to reside permanently in the U.S. It is not surprising that the applications filed for an F1 student visa and for a B1/B2 visitor's visa were denied, and it would be wise to consult with an immigration law firm to address eligibilities, options and strategies before filing more applications in categories for which your husband is ineligible. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on May 08th, 2015 at 10:11 AM

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Immigration Law Attorney serving Chicago, IL
3 Awards
This is why it is best to discuss these matters, sooner. The consular official is 'required' to presume that a non-immigrant visa applicant has immigrant intent as a matter of law. Your husband must prove, to the satisfaction of a consular official, that he does not have immigrant intent for the purposes of the visa. This is extremely difficult to prove when applicants are married to a lawful permanent resident. As a result, you may be visiting him for a while. Perhaps, an appointment with a competent and experienced immigration attorney is wise before further complications 'may' permanently ban him from ever immigrating the U. S. Good luck.
Answered on May 08th, 2015 at 8:27 AM

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