Asked in Immigration Law for New Jersey

Q: Can I apply for a B1/2 visa while a F4 petition is already approved?

I am a Bangladeshi citizen and PR of Canada for two years. I am working in Canadian branch of an IT company from USA. I have an approved I-130 as of October '19 with a time limit of 1 year in Bangladeshi US consulate. I will apply in 5 months for the immigrant visa for USA.

I need to attend a 2 days training at our head office in USA in two months.

My intent is to finally apply for Green Card to move to USA through Bangladeshi consulate. But not at this moment as I am not prepared.

My questions are:

1. Will my non-immigrant B1/2 visa approved in this situation? Or the immigration authorities will ask to start immigrant visa rather than approving a visit/business visa?

2. Will this B1/2 visa application have any effect on my I-130 petition that has already been approved?

Thanks a lot

Related Topics:
1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: The fact that you have the F4 petition pending will be one of the factors that the Department of State will consider in determining if you are eligible for the visa. Make sure that you provide plenty of evidence that you plan to return to Canada at the end of a temporary stay in the US.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.