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Green Card - family preference visa complications

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  • 10-05-2014 5:25pm
    #1
    hatchetshop
    Registered Users Posts: 8 ✭


    Hi I am thinking of applying for a family preference visa as my brother is a citizen. I know the wait is many years. The thing is, I read on an unofficial advice website that while your application is being processed, you are NOT entitled to visit on a tourist visa. The reason being that the reason you get a visa waiver as a tourist is because part of that deal is an understanding that you do not 'intend' to immigrate. Any application for a family preference immigrant visa goes against this, and you are therefore not entitled to visit as a tourist.

    Anyone know if this is bogus or true?


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    #2
    silja
    Registered Users Posts: 2,921 ✭✭✭silja


    That is incorrect, you can still visit.
    You *might* get asked more questions by the immigration officer, so it is a good idea to have some proof you will return (email from work stating when you are expected back, lease showing you rent etc).


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    #3
    hatchetshop
    Registered Users Posts: 8 ✭hatchetshop


    Great. Thanks silja.


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    #4
    w1000
    Registered Users Posts: 4 ✭w1000


    silja is absolutely right; remember that everyone who enters the USA on a non-immigrant visa (including a visa waiver) arrives with the presumption that they are attempting to enter the USA and stay permanently. It is up to each individual to "rebut" this presumption. A vast majority of the time you enter the USA without being asked anything more than how many days you intend to stay and your destination. The CBP (border) officer can ask you more questions to determine whether you are entering with the intention of staying. The best way to rebut this presumption? Ties to home. A job, close family members, enrolled in school, being specific regarding your plans in the USA. Its always best to prepared (know exactly where you are staying, how much cash you have access to, if you don't have a roundtrip ticket have a good explanation).


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