Can my sister get a B1 visa to vist U.S.A while her greeen card is in process

[sara_zhou1]

I'm a U.S. citizen and plan to apply green card for my sister in China. I was told this category (family based Category 4 - siblings of a U.S. citizen) is super slow and usually takes 10 to 12 years.

The question is that if I start the process for her now, will she still be able to visit U.S. with a visitor (B1) visa during the 10-12 years before she gets her green card? I was told her B1 visa will be denied due to the "immigration intent" (green card in process). Is it true?

Your kind reply and advice will be highly appreciated!

All the best,
Sara

[peace999]

yes, F4 takes that long.

It is not a rule that B1/B2 will be denied if one has an immigrant petition pending but chances of success do decrease.

If one can prove that one's visit to US is temporary and with F4 10-12 yrs away in the future , one can get a B1/B2 visa.

But the best strategy is to let her get the visitor visa first and then file the F4 petition.

[sara_zhou1]

Thank You

Thanks so much! This is very helpful!

The problem is that B1/B2 visa granted to Chinese is only valid for 3 years, so after 3 years, her chances of successfully getting a visitor visa will be negatively impacted by the pending immigrant petition.

What will be a good prove that her visit to US is temporary? She needs to come to U.S. for conferences (she's a professor) usually twice per year and also visiting me.

Thanks again!

yes, F4 takes that long.

It is not a rule that B1/B2 will be denied if one has an immigrant petition pending but chances of success do decrease.

If one can prove that one's visit to US is temporary and with F4 10-12 yrs away in the future , one can get a B1/B2 visa.

But the best strategy is to let her get the visitor visa first and then file the F4 petition.

[peace999]

Let her first get it for 3 years . Then file the F4 petition. Proof of temp visit is a short duration matching the purpose mentioned on the DS160 form. For example if she
is coming for a conference she can mention 2 weeks and a hotel stay. ALso her permanent job and family ties in china will be a proof that she will return.
The best strategy is for her to apply for her conference first and a hotel stay ( Business B1) rather than applying to visit you. Because B1( business) reason is always
more favoured by the officers than a casual visit.

[sara_zhou1]

Good idea! Thanks!

Will do. Thanks again!

Let her first get it for 3 years . Then file the F4 petition. Proof of temp visit is a short duration matching the purpose mentioned on the DS160 form. For example if she is coming for a conference she can mention 2 weeks and a hotel stay. ALso her permanent job and family ties in china will be a proof that she will return.
The best strategy is for her to apply for her conference first and a hotel stay ( Business B1) rather than applying to visit you. Because B1( business) reason is always
more favoured by the officers than a casual visit.