Does in process green card affect visitors visa to USA?
Apr 11th 2002, 12:30 am
#1
Guest
Posts: n/a
Does in process green card affect visitors visa to USA?
hi all, I want to know if papers are submitted for green card application. How does
it affect the visitors visa for the same person.I have heard that if your green card
application is made you cannot apply for visitors visa is this true. thanks, -Archer.
it affect the visitors visa for the same person.I have heard that if your green card
application is made you cannot apply for visitors visa is this true. thanks, -Archer.
Apr 11th 2002, 1:30 am
#2
Guest
Posts: n/a
Re: Does in process green card affect visitors visa to USA?
[email protected] wrote:
> hi all, I want to know if papers are submitted for green card application. How does
> it affect the visitors visa for the same person.I have heard that if your green
> card application is made you cannot apply for visitors visa is this true.
Yes, this is true. A visitor visa requires that the person does *not* intend to
immigrate. Filing an I-130 or I-140 shows immigration intent, therefore making it
impossible to get a visitor visa.
-Joe
> hi all, I want to know if papers are submitted for green card application. How does
> it affect the visitors visa for the same person.I have heard that if your green
> card application is made you cannot apply for visitors visa is this true.
Yes, this is true. A visitor visa requires that the person does *not* intend to
immigrate. Filing an I-130 or I-140 shows immigration intent, therefore making it
impossible to get a visitor visa.
-Joe
Apr 11th 2002, 3:00 am
#3
Guest
Posts: n/a
Re: Does in process green card affect visitors visa to USA?
[email protected] wrote:
>
> hi all, I want to know if papers are submitted for green card application. How does
> it affect the visitors visa for the same person.I have heard that if your green
> card application is made you cannot apply for visitors visa is this true. thanks,
> -Archer.
The requirement is that any entry you make to the US as a visitor has to be
temporary. If you have a green card app in progress, the assumption is made that your
trip to the US will be permanent and not temporary. In theory at least, if you can
prove to the visa officer and the INS at the port of entry that your trip will be
temporary (and that will take an amazing amount of proof), then they can grant you a
visitor visa and permit you entry.
I've never heard of anyone succesfully doing it via a B visa, although I have heard
of TNs doing it.
Stuartt
>
> hi all, I want to know if papers are submitted for green card application. How does
> it affect the visitors visa for the same person.I have heard that if your green
> card application is made you cannot apply for visitors visa is this true. thanks,
> -Archer.
The requirement is that any entry you make to the US as a visitor has to be
temporary. If you have a green card app in progress, the assumption is made that your
trip to the US will be permanent and not temporary. In theory at least, if you can
prove to the visa officer and the INS at the port of entry that your trip will be
temporary (and that will take an amazing amount of proof), then they can grant you a
visitor visa and permit you entry.
I've never heard of anyone succesfully doing it via a B visa, although I have heard
of TNs doing it.
Stuartt
Apr 11th 2002, 12:30 pm
#4
Guest
Posts: n/a
Re: Does in process green card affect visitors visa to USA?
I want to ask the same question about the F-1 VISA and a green card application.
Thanks
Amit
<[email protected]> wrote in message
news:[email protected]...
> hi all, I want to know if papers are submitted for green card application. How does
> it affect the visitors visa for the same person.I have heard that if your green
> card application is made you cannot apply for visitors visa is this true. thanks,
> -Archer.
Thanks
Amit
<[email protected]> wrote in message
news:[email protected]...
> hi all, I want to know if papers are submitted for green card application. How does
> it affect the visitors visa for the same person.I have heard that if your green
> card application is made you cannot apply for visitors visa is this true. thanks,
> -Archer.
Apr 11th 2002, 3:30 pm
#5
Guest
Posts: n/a
Re: Does in process green card affect visitors visa to USA?
Amit Gupta wrote:
> I want to ask the same question about the F-1 VISA and a green card application.
The same answer: An F1 visa is incompatible with immigration intent.
-Joe
> I want to ask the same question about the F-1 VISA and a green card application.
The same answer: An F1 visa is incompatible with immigration intent.
-Joe
Apr 11th 2002, 11:30 pm
#6
Guest
Posts: n/a
Re: Does in process green card affect visitors visa to USA?
[email protected] wrote in message
news:<[email protected]. com>...
> hi all, I want to know if papers are submitted for green card application. How does
> it affect the visitors visa for the same person.I have heard that if your green
> card application is made you cannot apply for visitors visa is this true.
If you have an i-130 or i-140 in process you can apply for a visitor's visa. However,
since you are an intending immigrant, it may be denied. Your entry my also be refused
into the US. It's not policy to deny it, but you are an intending immigrant, and a
visitor's visa is not designed for immigration purposes. It is strictly a non
immigrant visa.
news:<[email protected]. com>...
> hi all, I want to know if papers are submitted for green card application. How does
> it affect the visitors visa for the same person.I have heard that if your green
> card application is made you cannot apply for visitors visa is this true.
If you have an i-130 or i-140 in process you can apply for a visitor's visa. However,
since you are an intending immigrant, it may be denied. Your entry my also be refused
into the US. It's not policy to deny it, but you are an intending immigrant, and a
visitor's visa is not designed for immigration purposes. It is strictly a non
immigrant visa.
Jan 8th 2003, 10:53 pm
#7
Guest
Posts: n/a
Re: Does in process green card affect visitors visa to USA?
What happens if I have a valid B2 visa but I file I130?
Is my B2 visa invalidated automatically?
What if I withdraw the I130 application, thereby willfully
announcing my intent to not seek permanent residency? Will my
existing B2 visa be usable yet again?
/b
In article ,
Stuart Brook wrote:
>[email protected] wrote:
>>
>> hi all,
>> I want to know if papers are submitted for green card application. How
>> does it affect the visitors visa for the same person.I have heard that
>> if your green card application is made you cannot apply for visitors
>> visa is this true.
>> thanks,
>> -Archer.
>The requirement is that any entry you make to the US as a visitor has to
>be temporary. If you have a green card app in progress, the assumption
>is made that your trip to the US will be permanent and not temporary.
>In theory at least, if you can prove to the visa officer and the INS at
>the port of entry that your trip will be temporary (and that will take
>an amazing amount of proof), then they can grant you a visitor visa and
>permit you entry.
>I've never heard of anyone succesfully doing it via a B visa, although I
>have heard of TNs doing it.
>Stuartt
Is my B2 visa invalidated automatically?
What if I withdraw the I130 application, thereby willfully
announcing my intent to not seek permanent residency? Will my
existing B2 visa be usable yet again?
/b
In article ,
Stuart Brook wrote:
>[email protected] wrote:
>>
>> hi all,
>> I want to know if papers are submitted for green card application. How
>> does it affect the visitors visa for the same person.I have heard that
>> if your green card application is made you cannot apply for visitors
>> visa is this true.
>> thanks,
>> -Archer.
>The requirement is that any entry you make to the US as a visitor has to
>be temporary. If you have a green card app in progress, the assumption
>is made that your trip to the US will be permanent and not temporary.
>In theory at least, if you can prove to the visa officer and the INS at
>the port of entry that your trip will be temporary (and that will take
>an amazing amount of proof), then they can grant you a visitor visa and
>permit you entry.
>I've never heard of anyone succesfully doing it via a B visa, although I
>have heard of TNs doing it.
>Stuartt
Jan 9th 2003, 12:30 am
#8
Guest
Posts: n/a
Re: Does in process green card affect visitors visa to USA?
wrote in message news:[email protected]...
> What happens if I have a valid B2 visa but I file I130?
> Is my B2 visa invalidated automatically?
No.
> What if I withdraw the I130 application, thereby willfully
> announcing my intent to not seek permanent residency? Will my
> existing B2 visa be usable yet again?
You are eligible to use the visa, but the INS office at the port of entry
has the discretion to refuse your entry because she or he thinks you have
immigrant intent. The I-130 withdrawal might be helpful, but it is
certainly no guarantee of successful entry in B-2 status.
> What happens if I have a valid B2 visa but I file I130?
> Is my B2 visa invalidated automatically?
No.
> What if I withdraw the I130 application, thereby willfully
> announcing my intent to not seek permanent residency? Will my
> existing B2 visa be usable yet again?
You are eligible to use the visa, but the INS office at the port of entry
has the discretion to refuse your entry because she or he thinks you have
immigrant intent. The I-130 withdrawal might be helpful, but it is
certainly no guarantee of successful entry in B-2 status.
Jan 9th 2003, 4:45 am
#9
Rock Goddess
Joined: Jan 2003
Location: Connecticut USA
Posts: 1,429
Yikes!
Does this affect Brits on a visa waiver? I am in the States pretty much every month and of course it's always temporary because I have a job and house in the UK still. If, for example, I get refused entry for immigrant intent, will it affect my green card application?
Jan 12th 2003, 4:40 am
#10
Guest
Posts: n/a
Re: Does in process green card affect visitors visa to USA?
Greetings All !
On Wed, 08 Jan 2003 23:53:22 -0000, [email protected] wrote:
>What happens if I have a valid B2 visa but I file I130?
>Is my B2 visa invalidated automatically?
Not necessarelly, but...
If you're claiming you applied for the I130... in fact I am not familiar, I do
know about the I551 which is in fact the application for the ARC (Allien
Resident Card). If that's your case, you should take your passport for INS so
they can stamp the proccess number (the I551 stamp) which will allow you to
travel while your Green Card does not arrive.
Once you have ther GC, you must ALWAYS travel with it, once you need to prove
your status os residency upon arrival.
>What if I withdraw the I130 application, thereby willfully
>announcing my intent to not seek permanent residency? Will my
>existing B2 visa be usable yet again?
It's not usual.... if you have a visa, that's yours... you can even use a valid
visa on a old passport and present a new one "together". The visa is given to a
"person" not to the passport. If INS has not canceled your VISA and you're
planning on withdrawing your application, I would recomend a little talk to INS
at this point... you'll be there to withdraw the application anyhow, right? Do
both things! Ask first!
*** do not consider this msg as a legal advice... it's just a informal
information... :-)
[]s
Highlander
PS: follow-up msg only... for e-mail reply to [email protected]
(replace the gh with _ and remove the at.)
On Wed, 08 Jan 2003 23:53:22 -0000, [email protected] wrote:
>What happens if I have a valid B2 visa but I file I130?
>Is my B2 visa invalidated automatically?
Not necessarelly, but...
If you're claiming you applied for the I130... in fact I am not familiar, I do
know about the I551 which is in fact the application for the ARC (Allien
Resident Card). If that's your case, you should take your passport for INS so
they can stamp the proccess number (the I551 stamp) which will allow you to
travel while your Green Card does not arrive.
Once you have ther GC, you must ALWAYS travel with it, once you need to prove
your status os residency upon arrival.
>What if I withdraw the I130 application, thereby willfully
>announcing my intent to not seek permanent residency? Will my
>existing B2 visa be usable yet again?
It's not usual.... if you have a visa, that's yours... you can even use a valid
visa on a old passport and present a new one "together". The visa is given to a
"person" not to the passport. If INS has not canceled your VISA and you're
planning on withdrawing your application, I would recomend a little talk to INS
at this point... you'll be there to withdraw the application anyhow, right? Do
both things! Ask first!
*** do not consider this msg as a legal advice... it's just a informal
information... :-)
[]s
Highlander
PS: follow-up msg only... for e-mail reply to [email protected]
(replace the gh with _ and remove the at.)
Jan 12th 2003, 4:40 am
#11
Guest
Posts: n/a
Re: Does in process green card affect visitors visa to USA?
Greetings All !
On Thu, 09 Jan 2003 05:45:34 +0000, Rockgurl
wrote:
>Does this affect Brits on a visa waiver? I am in the States pretty much
>every month and of course it's always temporary because I have a job and
>house in the UK still. If, for example, I get refused entry for
>immigrant intent, will it affect my green card application?
Your papers are still running and you don't have your process/file number yet?
At the point you get your GC, you'll receive a stamp on your passport that will
be valid as the GC.
About refusal entry, there's a little trade.... if you get in really trouble on
arrival... don't lie... simples as that. Tell always the truth.
*** do not consider this msg as a legal advice... it's just a informal
information... :-)
[]s
Highlander
PS: follow-up msg only... for e-mail reply to [email protected]
(replace the gh with _ and remove the at.)
On Thu, 09 Jan 2003 05:45:34 +0000, Rockgurl
wrote:
>Does this affect Brits on a visa waiver? I am in the States pretty much
>every month and of course it's always temporary because I have a job and
>house in the UK still. If, for example, I get refused entry for
>immigrant intent, will it affect my green card application?
Your papers are still running and you don't have your process/file number yet?
At the point you get your GC, you'll receive a stamp on your passport that will
be valid as the GC.
About refusal entry, there's a little trade.... if you get in really trouble on
arrival... don't lie... simples as that. Tell always the truth.
*** do not consider this msg as a legal advice... it's just a informal
information... :-)
[]s
Highlander
PS: follow-up msg only... for e-mail reply to [email protected]
(replace the gh with _ and remove the at.)
Jan 12th 2003, 4:17 pm
#12
Guest
Posts: n/a
Re: Does in process green card affect visitors visa to USA?
Highlander wrote:
> Greetings All !
> On Wed, 08 Jan 2003 23:53:22 -0000, [email protected] wrote:
>
>
>>What happens if I have a valid B2 visa but I file I130?
>>Is my B2 visa invalidated automatically?
>
>
> Not necessarelly, but...
>
> If you're claiming you applied for the I130... in fact I am not familiar, I do
> know about the I551 which is in fact the application for the ARC
Forget anything about the I551, which *is* the GC. Doesn't apply here.
The I-130 is an immigrant petition. Once an I-130 is filed, there is immigration
intent, and while the B2 visa is not invalidated, the OP may denied entry
to the US because the B2 visa does not allow immigration intent.
Remember, a visa just allows to *apply* for entry to the US. It is up to the
INS officer at the airport to actually grant entry.
>>What if I withdraw the I130 application, thereby willfully
>>announcing my intent to not seek permanent residency? Will my
>>existing B2 visa be usable yet again?
>
>
> It's not usual.... if you have a visa, that's yours...
Again, a visa just allows you to apply for entry.
You can argue that a withdrawn I-130 shows that you don't have immigration
intent anymore, but it is still up to the INS officer to let you in or not.
You probably would still need a lot of additional documentation of your
ties to your home country.
There is *never* a guarantee that you are admitted to the US.
-Joe
> Greetings All !
> On Wed, 08 Jan 2003 23:53:22 -0000, [email protected] wrote:
>
>
>>What happens if I have a valid B2 visa but I file I130?
>>Is my B2 visa invalidated automatically?
>
>
> Not necessarelly, but...
>
> If you're claiming you applied for the I130... in fact I am not familiar, I do
> know about the I551 which is in fact the application for the ARC
Forget anything about the I551, which *is* the GC. Doesn't apply here.
The I-130 is an immigrant petition. Once an I-130 is filed, there is immigration
intent, and while the B2 visa is not invalidated, the OP may denied entry
to the US because the B2 visa does not allow immigration intent.
Remember, a visa just allows to *apply* for entry to the US. It is up to the
INS officer at the airport to actually grant entry.
>>What if I withdraw the I130 application, thereby willfully
>>announcing my intent to not seek permanent residency? Will my
>>existing B2 visa be usable yet again?
>
>
> It's not usual.... if you have a visa, that's yours...
Again, a visa just allows you to apply for entry.
You can argue that a withdrawn I-130 shows that you don't have immigration
intent anymore, but it is still up to the INS officer to let you in or not.
You probably would still need a lot of additional documentation of your
ties to your home country.
There is *never* a guarantee that you are admitted to the US.
-Joe
