QUESTION
While he is waiting for a family sponsored green card, can he still apply for a visa to enter US?
Asked on Aug 02nd, 2013 on Immigration - Texas
More details to this question:
I am asking this for my brother. If he wants to visit for a couple of weeks, what visa is the most reasonable choice? His employer may also send him here for business. In that case, what visa should he apply for? Thanks. We got a lot of contradictory answers and need some inputs from experts.
3 ANSWERS
This gets complicated, since your brother has immigrant intent, but 'arguably' not for the purposes of the visit. There is only one work visa that will allow him to enter even if he has immigrant intent. However, he needs to be petitioned and paid by a U.S. Employer. He also must have a bachelors degree or the equivalent and be hired for a job that requires a bachelors degree, among other administrative requirements. As a result, he may have challenges getting a non-immigrant visa to travel to the U.S.
Answered on Aug 05th, 2013 at 11:51 AM
Adebola O. Asekun
Generally, once an alien has filed or is beneficiary of a visa petition, the Dept of State is reluctant to issue such individual a tourist visa to come to the US on the theory that if granted a B2 visa, the alien is unlikely to return to his native country and will instead remain in US to wait for the visa to become current. This rule is not inflexible and if the person can show that he or she does intend to return to his homeland after a temporary authorized stay, a tourist visa may still be issued. In the situation you have described, it is more likely a B1 visa may be issued if the alien demonstrates by sufficient documentary evidence that the alien's desire to enter the US is at the instance of his employer
Answered on Aug 05th, 2013 at 11:02 AM
B-2 visa for visitor. B-1 visa for business. However, with a pending immigrant visa, the chance of him getting the B-1/B-2 visa is low. It's not impossible, but he would need to show strong ties to his home country.
Answered on Aug 02nd, 2013 at 7:12 PM