Immigration Issues/Non-immigrant visa

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QUESTION: I am a US permanent resident and have applied for immigration visa for my daughter with a priority date of 25sept2008.  We have a case number for her, but we still have to wait for years for her visa number to be issued.  In her present status, is it possible for her to apply for a non-immigrant visa to visit her family in the USA?  Will she be illigible for a tourist visa now or not?  Thanks for your guidance.

ANSWER: Dear Carmen,

Nonimmigrant visas are possible, with a few noted exceptions, for your daughter:

Possible visas: H-1b, L-1

Not likely visa: B1/B2, F-1

The problem is immigrant intent.  Because she has the intention to immigrate to the United States, the law says that she should not be able to get a nonimmigrant visa.  Therefore tourist visa and student visa (F-1), which are both nonimmigrant visa are not likely to be issued.  She can try work visa such as H-1b and L-1, which have dual intent and allow the applicant to have the intention to immigrate to the United States.  I don't know her age so I am not sure if H-1b or L-1 are appropriate.

You can try to apply for a nonimmigrant visa at the Embassy such as B1/B2 or F-1, but most likely she will be denied for having the intention to immigrate to the US.

---------- FOLLOW-UP ----------

QUESTION: My daughter's age is 30, she is single and she has been to United States on tourist visa many times and the last time in 2009.  This shows I suppose that she would not intend to stay in the US without legal status.  Would this help?

Answer
Yes, obeying immigration law in the past is a positive factor to consider against the immigrant intent.  The officer will have to make a determination based on all the evidence presented to him or her, but this will definitely be a positive factor to consider.

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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