CAN I GET A VISIT VISA (with Immigrant Petition on file) ????
 

My brother, who is a US citizen has filed an IMMIGRANT PETITION for me in 2000. Now, he wants me to come to USA for his daughter's birthday celebration (SWEET SIXTEENTH BIRTHDAY) for 2 weeks. He has sent me the invitation card for the birthday celebration, return ticket and a strong AFFIDAVIT OF SUPPORT. And to make my case strong and show that I have close ties to my place of residence, I have my wife and children left behind, who will be in the staying in the country (I shall be going alone to USA, if I am granted a visit visa)

So, what are my chances of getting a VISITOR VISA (non-immigrant) since I have a IMMIGRANT PETITION on their file? How should I prepare for the visa interview? Or am I ineligible to get a VISIT VISA? Please advise.

Thanking you,

SYLVESTER BARRETO

Re: CAN I GET A VISIT VISA (with Immigrant Petition on file) ????
 

It has long been the Department of State's public position that the mere fact than an immigrant visa petition has been filed upon a person's behalf is not, in itself, a sufficient grounds for denial of a visitor's visa. While the reality is quite different on the ground, nevertheless, in light of the 10 year or more wait ahead of you before you can qualify for permanent residency on the basis of your brother's petition, I doubt very much that the pendency of this petition will, in itself, result in a denial of your application.