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Immigration Issues/Visitor visa after I-130 filing

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Question
Hi, I am a US Citizen and already filed I-130 for my brothers and Sisters. I have received the notice from USCIS saying that they have received the forms.  Fortunately, I am graduating in May 2011. I am wondering if I can invite my brother in my graduation ceremony here since he is in Nepal.

Answer
Hi,

Unfortunately, the visitor visa category (B1 or B2 visa) does not allow for intention to immigrate to the U.S. It is therefore very unlikely that the Consulate will issue a visitor visa and allow your brother to enter the U.S. to attend your graduation ceremony, as your brother now has an intention to immigrate to the U.S. based on the Form I-130 filing.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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