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Immigration Issues/My brother's I-130 and visit Visa

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Question
Dear Sir,

Last month I got my US Citizenship and applied for my brother's green card (I-130) few days ago. However, my brother also wants to visit us for a month and I have heard that if his petition for green card is filed with USCIS, he wouldn't get visitor's visa from the embassy. Is this correct? Please help me in this regard.

Best regards, Imtiaz

Answer
Imtiaz,
It is true that filing for an immigrant visa would prevent the visa officers from issuing an B-2 visa. But in your brother's case since the wait is very long, if he can prove that he will not be a risk of staying back, there is a possibility of being granted a B-2 visa. However, it is still upto the consulate to issue one or not.
Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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