Legal Question in Immigration Law in Virginia

My husband and I have an I-130 petition in process. He is not currently in the U.S. Can he travel back to visit me using his valid ESTA visa? It will have been about 4 months since his last visit. Thank you.

Asked on 11/10/15, 8:56 am

2 Answers from Attorneys

Philip Eichorn Hammond Law Group

Legally yes. Practically it will be difficult. As a visitor he has the burden of proving he's going to depart within 90 days (due to the ESTA entrance). There is a legal presumption in the regulations that he intends to remain permanently as do all aliens. If an alien with a citizen spouse is entering with a non-immigrant visa, that presumption is higher as the admission plus the marriage allows the alien to adjust status and therefore circumvent the consular processing of the immigrant visa.

Read more
Answered on 11/10/15, 12:41 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600. Regards, RDM

Read more
Answered on 11/10/15, 5:57 pm

Related Questions & Answers

More Immigration Law questions and answers in Virginia