Q: I am a Perm Res,my 16 y/o son's green card applictn is in process, can I apply for a B1 for him to visit me?
I am a Permanent Resident, my application for Citizenship is underway, and so is my son's green card application. But we have been seperated for 6 years, can I apply for him to visit me over the december hiolidays while his application is in process. He will return to my home country once the visit is over, and await the finality of his hgreen card application.
A:
You can but the approval is not a certainty, tourist visas are given to people who have no immigrant intent (meaning they do not plan on immigrating to the US permanently). Since your son has a green card petition pending he has shown his immigrant intent. This might be a conflict at the POE. So the answer is yes your son can get a tourist visa, but that doesn't mean he will be able to travel inside the US, there is a possibility that he will be denied entry at the port of entry.
All the best.
-Shan Potts
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15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
A: There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
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