Legal Question in Immigration Law in Indiana

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 .


Asked on 7/22/14, 9:40 pm

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

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.

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Answered on 7/23/14, 7:26 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

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

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Answered on 7/24/14, 12:56 pm


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