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petition leads to interdiction?

petition leads to interdiction?

Old Jun 28th 2002, 10:29 am
  #1  
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Default petition leads to interdiction?

Is it true that if I file a I-130 petition for my 22 y.o. unmarried son, he will not be able to enter the US becose of an "immigration attempt", even as a tourist or a PhD student? I am a permanent resident and maybe a citizen soon. Does the participation at the Diversity Visa lottery program count as an "immigration attempt" ?

Thanks in advance.
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Old Jun 28th 2002, 5:20 pm
  #2  
Joachim Feise
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Default Re: petition leads to interdiction?

kiwy wrote:
    > Is it true that if I file a I-130 petition for my 22 y.o. unmarried son, he will
    > not be able to enter the US becose of an "immigration attempt", even as a tourist
    > or a PhD student?

Yes. Most non-immigrant visas, including visitor and student visas, do not allow
immigration intent. The only non-immigrant visas that allow immigration intent are
the temporary work visas in the H1-B and L1 category.

    > I am a permanent resident and maybe a citizen soon. Does the participation at the
    > Diversity Visa lottery program count as an "immigration attempt" ?

Not sure about that.

-Joe
 
Old Jun 28th 2002, 10:20 pm
  #3  
Shelley
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Default Re: petition leads to interdiction?

"kiwy" <[email protected]> wrote in message
news:[email protected]...
    > Is it true that if I file a I-130 petition for my 22 y.o. unmarried son, he will
    > not be able to enter the US becose of an "immigration attempt", even as a tourist
    > or a PhD student?

With an F1 visa or an H1B visa he shouldn't have any problems entering the US. But he
may have difficulty entering the US as a tourist because the I-130 shows immigrant
intent. If he plans to come to the US to visit, he should carry plenty of proof that
he plans to return home.

    > I am a permanent resident and maybe a citizen soon. Does the participation at the
    > Diversity Visa lottery program count as an "immigration attempt" ?

I believe I read somewhere in the NG that entering the Green Card lottery does not
cause problems for someone visiting the US. Try a Google search and you may find
an answer.

Take care. Shelley
 
Old Jun 29th 2002, 6:20 am
  #4  
Joachim Feise
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Default Re: petition leads to interdiction?

Shelley wrote:
    > "kiwy" <[email protected]> wrote in message
    > news:[email protected]...
    >
    >>Is it true that if I file a I-130 petition for my 22 y.o. unmarried son, he will
    >>not be able to enter the US becose of an "immigration attempt", even as a tourist
    >>or a PhD student?
    >
    >
    > With an F1 visa or an H1B visa he shouldn't have any problems entering the US.

Hmm, the F1 doesn't allow immigration intent, so he most likely would not even get an
F1 visa at any US consulate.

-Joe
 

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