QUESTION
Will my application for I130 through my sister affect my husband b1/b2 visa as he is derivative beneficiary?
Asked on Nov 13th, 2013 on Immigration - California
More details to this question:
My husband already has an approved i140. Will it affect his immigration status or in case we return to our country? Will it affect my husband opportunities for b1/b2 visa?
2 ANSWERS
Adebola O. Asekun
When you have filed an immigrant petition ( family or employment based,) applying for a b2 visa is discouraged because an immigrant petition is inconsistent with the nonimmigrant intent that a b2 tourist must have to enter the US in that status
Answered on Nov 19th, 2013 at 10:23 PM
Immigration Attorney serving Downey, CA
at
Herrera & Juelle LLP
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Your sister's application for you should not affect your husband's ability to apply for and receive a B1/B2 visa. However, if he has an approved I-140 Petition filed by on his behalf an employer in the US, that will most likely affect his chances of receiving a B1/B2 visa.
Answered on Nov 14th, 2013 at 12:27 PM