B1/B2 visa and I-130 application filing effects

[bubbu64 0]

Dear Sirs

My younger brother who is a US citizen wishes to apply for a Family Category F4 , I-130 visa (GREEN CARD) on my behalf (elder brother in india ).

Meanwhile the elder brother would like to make a tourism related trip to visit the younger brother on a B1/B2 visa

Questions are as follows:

1. IF B1/B2 is already in hand and now younger brother applies for a F4 (GREEN CARD VISA) what are the implications that the person travelling on a B1/B2 visitor visa maybe denied to enter the US at the port of entry as the visitor has a F4 application pending?

2. What would be the best strategy? Apply for a I-130 before I visit the US OR apply for the I-130 after I enter the US. Please understand I am just visiting the US as a tourist for a period of 4-5 months or less and hence my brother is confused when to apply for the I-130.

3. Given the reforms in the CIR BILL being debated currently and its implications on the F4 visa for the next 18 months before this category is wiped out, what happens to the I-130 filled by my brother on my behalf? will the I-130 be accepted and speeded up or will be pushed to the merit based category? I plan to visit the US in the second week of May 2013 for a period of 4-5 months.

4. If I enter the US in the second week of May 2013 what is the earliest date my brother can apply for my I-130 and get a initial approval?

5. What will be the implications of the new CIR bill on the I-130 application filed by my brother if he does so in the 3rd week of May 2013 after I am in the US for a holiday ?

A quick reply will be appreciated. I have gone thru much of the forum discussion, however I am confused as how to advise my brother regarding the timing of the I-130 filing on my behalf. Hence these queries.

Thanks

bubbu64

[bubbu64 0]

Strange NO REPLY

ANYONE?

[Penguin_ie 5,997]

You posted first on a Saturday evening... give it a day or two before worring about responses, weekends tend to be slow

1. Technically nothing, though it may make it a bit more difficult to get into the USA as you now clearly have immigrant intent. But with it taking many years to get a sibling visa approved, you couldn't Adjust Status in the USA to stay anything, so I think you'd be ok.

2. Doesn't matter. In the 12 years it will take for the sibling visa to come through, you will likely visit again anyways.

3. Extremely unlikely to be sped up. It will either be grandfathered as it was filed before the bill went through, if it goes through at all, or it will be canceled (unlikely).

4. See above, it doesn;t matter.

5. See above