Legal Question in Immigration Law in Illinois

1) If someone (residing outside USA) already has USA visit visa and then gets sponsored for green card under family based petition, will he be allowed to enter USA on the visit visa while green card application is pending?

2) Also if he gets a job in USA with an employer who is willing to sponsor him for H1, while green card application is still pending, will he be allowed to apply for H1 visa and come to USA? Thank You

Asked on 9/14/13, 8:38 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

It depends on which category the I-130 is filed under & how long the backlog is. Generally, if it is not an "immediate relative", then the sponsored immigrant could potentially still visit the U.S. on a B-2 visa, but they could not remain in the U.S. to adjust status.

If the sponsored immigrant gets an approved H-1B, then s/he can enter on the H-1B, since H-1B non-immigrants are permitted to have immigrant intent.

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Answered on 9/16/13, 10:31 am


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