GC for brother

[blore1974]

Hi,

My brother has a Visitor Visa to the US expiring in 2017. His wife and son have visa till 2023 and 2018 respectively.

I would like to apply for GC for my brother. If i file a I-130 (immigrant visa), will he be allowed to visit US as a tourist?

Will he be considered as a potential immigrant and stopped from entering.

Also, does filing a I-130 prevent him from renewing his visitor visa?

Thanks

[raghvi]

Hi,

My brother has a Visitor Visa to the US expiring in 2017. His wife and son have visa till 2023 and 2018 respectively.

I would like to apply for GC for my brother. If i file a I-130 (immigrant visa), will he be allowed to visit US as a tourist?

Will he be considered as a potential immigrant and stopped from entering.

Also, does filing a I-130 prevent him from renewing his visitor visa?

Thanks

It's always difficult to get visitor visa if an I130 is filed. A visitor visa does not have immigrant intent, and as soon as I130 is filed it means one wants to immigrate. Normally officers don't issue visitor visa for someone who has already a I130 filed, as the officer believe they will not return. With that said, as your brother already has a visitor visa till 2017, it's a good thing, he can use it till that time, provided he doesn't extensively stay or misuse the visa. After 2017 getting a new one would be difficult for your brother, unless the immigration reforms drastically change this.

This is my opinion not legal advice.