Immigration Issues/Non immigrant visa


"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."

Dear Carmen:
It is not easy to get a non-immigrant visa to US once an Immigrant Visa is filed. However, she may try showing strong family unity grounds/religious occasions/medical reasons, etc., and she may get it.

But again, once an immigrant visa is filed and is pending - consulates usually do not approve/grant non-immigrant visa.

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

Immigration Issues

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Member - AILA. Bar Council of India.

LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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