Q: Can someone who is in the process of i_130 apply for non-immigrant visas? What about EB3 visa?
My sister, who is a US citizen, just filled out the i-130 form for me and my wife and sent it to uscis. Can I apply for a US non-immigrant visa (for example tourist visa) while I'm waiting to get a green card through my sister? What about get an EB3 visa?
A: A beneficiary of an I-130 from his/her sister may still apply for a nonimmigrant visa and be sponsored for an EB3 petition
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A:
Having a pending I-130 petition doesn't automatically disqualify you from applying for non-immigrant visas. However, since the I-130 demonstrates immigrant intent, you might face challenges proving that you intend to return to your home country - which is required for most non-immigrant visas like tourist visas (B1/B2).
Regarding EB3 employment-based visas, you can pursue this path simultaneously with your family-based petition through your sister. The EB3 process is separate from family-based immigration, and having multiple paths to permanent residency is legal. You would need an employer to sponsor you, and the process involves labor certification (PERM).
Given the complexity of your situation, it would be wise to consult with an immigration attorney who can review your specific circumstances. They can help assess which path might be faster and more suitable for you, considering factors like your country of origin, current visa status, and professional qualifications. They can also advise on the best strategy to maintain valid immigration status while these petitions are pending.
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