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Immigration Issues/Marriage based green card


QUESTION: Hi Mr.Singh,
My son is a green card holder.He is going to marry a Canadian citizen in Canada next month.He will return alone to US after two days of marriage and file I-130 for her.
i.Whether my son can visit her in Canada time to time.
ii.Whether she can come to USA with visit visa,TN,L1 or H1B when her I-130 is pending.
Thanking you in anticipation.

ANSWER: Dear Shekhar:
Addressing your concerns:
1) Yes,
2) Yes, if she can get it (would not be easy after I-130 being pending.)

Best wishes,

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

QUESTION: Hi Mr.Singh,
Thank you for the kind reply.
Somebody says she will not be given Visit visa or TN visa.
But she can get L1 or H1B as these are double intent visa.
In this situation what should be our strategy regarding marriage of our son?
Thank you very much.

He may get married in the US if the girl comes here on a Visa; and  then she can stay until she gets her work permit and advance parole/travel document (within 60-90 days) or until she gets her GC (within 5-6 months.)

Or as you already have been advised.

Best wishes,  

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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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