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Question about renewing B2 Visa after immigrant sponsorship
Anonymous7 views3 answers
Hi, I have my uncle family holding B2 Visa and they have been visiting US for while. They want to get sponsored through family. If family in the US Sponsors them, will my uncle have issues renewing B2 Visa while immigrant application is pending.
For consular officers pending immigrant petition is tantamount to an intent to immigrate. Therefore, consular officers usually find the applicant not eligible for a B visa. This attitude is prevalent despite the rejoinder contained in the FAM that an applicant who has an immigrant visa registration should not be denied unless the officer has “reason to believe the applicant’s true intent is to remain in the United States until such time as an immigrant visa becomes available.” So theoretically, your uncle could continue to be granted B visa. But in reality his chances are very slim.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
You would have difficult time proving nonimmigrant intent once an immigrant petition is filed on your behalf. I am sure it is very commonsensical and intuitive statement, I just made. Why to ask the question, you I am sure, already guessed the answer for?
