Monday, April 21, 2014

Thank you Attorney Marlene Hemmings for yuor answer to my question .I now know thata pending I-130 has no effect on a visitors visa but I di...

Question

Thank you Attorney Marlene Hemmings for yuor answer to my question .I now know that

a pending I-130 has no effect on a visitors visa but I did not understand if it has an effect on a student visa and an H-1B VISA can my son still apply for one of these if he has a pending I-130. without affecting it? Thank you again for your help I 'm very grateful .



Answer

Since an I-130 petition can always be denied or revoked, it is not necessarily "immigrant intent" for a person to have one pending while applying for a non-immigrant visa. Also, one can have "dual intent" with an H-1B. I would only see immigrant intent if the beneficiary was married to a U.S. citizen, but trying to enter on a non-immigrant visa.

Please let me know if you require assistance in the future.

Much luck to you son.



Answer

Hello - please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM



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