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"beneficiary of pending immigrant visa will not be eligible for a nonimmigrant visa"

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  • "beneficiary of pending immigrant visa will not be eligible for a nonimmigrant visa"

    I'm a U.S. Citizen.

    I want to submit a Form I-30 to petition for a Green Card for my sister who is in another country.

    She has a multi-entry U.S. visitor visa, and frequently visits the U.S. for short trips.

    This sentence, in the guidelines for Sibling Visa (section: Can my sibling come to the United States to live while the visa petition is pending?), caught my eye:

    "In most instances, the beneficiary of a pending or approved immigrant visa will not be eligible for a nonimmigrant visa, although certain exceptions may apply."
    My Question: Does this mean that applying for a Form I-30 for her will affect her visitor visa?

  • #2
    From what I understand, the immigrant visa is not pending nor approved until there is an interview. I think the process is:
    - Form I-130
    - Send documents to NVC
    - NVC review the case and set an interview on home country
    - Interview and immigrant visa is approved or pending

    I guess they could consider it pending at the time NVC approve the case even before setting the interview date, I'm not sure. What I read several times is that just filing form I-130 should not be a problem to have or renew a nonimmigrant visa if all the requirements are met.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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