Legal Question in Immigration Law in California

A US citizen upon filing i-130 for his/her sister, I know the waiting period is more than 10 yrs. While the petition is pending, can he/she apply for a student visa/travel visa in their home country? Will it be approved? Can they travel to the US and return on time without overstaying their visa. Will it affect their pending i-130 petition? Thanks a lot!


Asked on 7/08/12, 10:28 pm

1 Answer from Attorneys
Rebecca White Law Office of Rebecca White

While an I-130 can, in some instances, impact the issuance of non-immigrant visas, typically the filing of an I-130 with such extensive wait periods does not cause significant issues. However, it would be important to fully review both timing and other considerations, such as other ties to the home country and other potential issues with visa issuance.

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Answered on 7/08/12, 10:31 pm


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