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Is Green card application an issue for visa approval?

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  • Is Green card application an issue for visa approval?

    My parents (Indian citizens) live in India and have been visiting USA on a B1/B2 (visit) visa for the last 10 years, this visa was last issued in Mar 2002 and is now expiriing in Feb 2012. However about a year back we applied for the green card for my parents and they received a letter from the NVC (National visa center). My parents have no interest in the green card and had not taken any action on it so far. If they were to apply for a visit visa again in Jan 2012, considering that my sister has applied for a green card, will this harm their chances of being granted a B1/B2 visa. What action can they take regarding the green card application. My parents prefer to have a valid visit visa. Please advise.

  • #2
    Originally posted by dionysus View Post
    My parents (Indian citizens) live in India and have been visiting USA on a B1/B2 (visit) visa for the last 10 years, this visa was last issued in Mar 2002 and is now expiriing in Feb 2012. However about a year back we applied for the green card for my parents and they received a letter from the NVC (National visa center). My parents have no interest in the green card and had not taken any action on it so far. If they were to apply for a visit visa again in Jan 2012, considering that my sister has applied for a green card, will this harm their chances of being granted a B1/B2 visa. What action can they take regarding the green card application. My parents prefer to have a valid visit visa. Please advise.
    Actually, immigrant intent is in direct conflict with granting of B1/B2. A pending immigrant petition will make it likely impossible for them to get a visitor visa.
    There is a question on the visitor visa app. form that you have to answer;
    "Has any one ever applied for an immigrant petition on your behalf?"

    Even if you cancel the petition now, the answer to the above question will be yes.
    In that situation they can try to convince the officer that it was not their intention but
    the officer may not agree. And then they will be left with no visa ( neither a GC nor a B1/B2).

    I strongly suggest that now the petition has been filed (I assume it is immediate relative I-130.)
    , they should take advantage of it . They can use the green card for staying the better part of the year in the US (probably just like they were using
    a B1/B2) without any hassle of extending it or fear of overstaying if they have to in an emergency.
    And down the road, if you try, you can even get them proper health insurance on a green card, which you cannot on a visitor visa.
    Last edited by peace999; 01-09-2012, 08:20 PM.

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    • #3
      Peace...

      adding to the above question ...If we show strong ties (both working with good salary, dependent unmarried student child staying in with them, good deposit in bank and property on their name) will help them getting visit visa ? I want to apply for my in-law. But they have an approved i-130, I guess their priority will become current may be in another 6 yrs (applied by sister of mother-in-law).

      I am keep checking this forum to see some one posting with simillar issue but i couldnt see any one mentioning that they got when applied within India.

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      • #4
        Originally posted by anna1234 View Post
        Peace...

        adding to the above question ...If we show strong ties (both working with good salary, dependent unmarried student child staying in with them, good deposit in bank and property on their name) will help them getting visit visa ? I want to apply for my in-law. But they have an approved i-130, I guess their priority will become current may be in another 6 yrs (applied by sister of mother-in-law).

        I am keep checking this forum to see some one posting with simillar issue but i couldnt see any one mentioning that they got when applied within India.
        Like I said before, if you have a pending immigrant petition , it generally becomes difficult
        to get a visitor visa . But it can be possible if you are able to convince the officer that you will return after your current visit. It will not be easy and if at all they give it to you , it will be a short term visa like a one year single entry visa .
        Tips; Do not send an affidavit of support , let your spouse send an invitation letter for her father or mother. Let one parent-in-law apply and travel alone, showing their own finances/income.Let him/her ask for a short stay like 3-4 weeks, and if they can show some urgent reason for the trip, all this will increase the chances .

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        • #5
          Peace, admin and others ...

          My in-laws visitors visa application is approved .... With Green Card (Family based) pending, we were not having any hope that they will get visitors visa as immigrant intent never gets a visa as you have mentioned .. Since I send all the documents as sponsor I thought let them both go and let me only sponsor and if that didnt work will send only MIL as peace mentioned above. My in laws both are working with very good salary and they have a dependent son studying engg and also they have the property in their name. We took all the documents to show all the proof.

          VO: Where you are going?
          Ans: California ...

          VO: Wait for a min ... He started reading all the details mentioned in DS 160

          VO: (To FIL) How much is your annual and monthly sal?

          VO: (To MIL) How much is your annual and monthly sal?

          VO: Have you been to any other place?
          Ans: MIL had been to Zambia so she answered that ... VO ask for proof and lucky they had the old passport ..

          VO: How long are you going?
          Ans: One month

          VO: (To FIL) Show me you hands .. (I dont know for what) .. What do you drive?
          Ans: Car

          VO: Which Car ?
          Ans: xxxx

          VO: Your visa is approved ....

          They didnt ask a single thing about the Immigrant petition even though we mentioned "yes" to Have you even applied for a immigrant petiton. also didnt ask any documents...property or other childrens..... This is just pure luck .... They got the visa today ... and it is 10 yr Multiple Entry !!!!!

          Thank you immihelp ..... peace ...admin ....
          Last edited by anna1234; 02-26-2012, 12:46 PM.

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