Issue with visit visa while waiting for sibling visa

[ajoman84 0]

I am in the process of sponsoring my sibling. Still haven't submitted a i130.

But we have come across some information from people that have had family members difficulty obtaining visitor/student visa while their family sponsorship was underway.

Is there any truth to this? Regarding issues with getting a visit visa if an individual is in line for family sponsorship.

[Anh map 2,098]

It can. What country is involved?

[ajoman84 0]

What do you mean by 'it can'?

Is there a rule regarding such? If so, what's the source ?

[Boiler 45,486]

No rule, what country?

[MacUK 983]

What do you mean by 'it can'?

Is there a rule regarding such? If so, what's the source ?

The rule of presumed immigrant intent.

Section 214(b) of the Immigration and Naturalization Act says that interviewing officers MUST presume that all tourist visa applicants have immigration intent and refuse the visa if the applicant doesn't convince them that they don't intend to immigrate.

Having a petition for an immigration visa underway shows that the applicant intends to move to the US and an officer 'can' therefore deny them under 214(b).

It's not definite though as the granting or denying of tourist visas is dependent on if the interviewing officer thinks the applicant is an immigration risk.

Therefore, as others have said, having a petition in the works 'can' prevent someone being granted a tourist visa but it's not definite that it 'will' be denied.

The only way to find out is to try, having a tourist visa denied for 214(b) doesn't affect the future immigrant visa in any way so all they'd lose is the application fee

[kausar 26]

It depends on the case and visa officer. If VO is convinced that applicant has strong ies with his home country, visa will be issued. my friend from Pakistan is petitioned by his brother and the case is at NVC. He and his wife applied for tourist visa and both were granted B2 for 5 years.

[ajoman84 0]

So basically the basis for denial in this case is the same as in any other tourist visa = visitor has to prove that they only plan to visit and not stay over the visa expiration ??

It depends on the case and visa officer. If VO is convinced that applicant has strong ies with his home country, visa will be issued. my friend from Pakistan is petitioned by his brother and the case is at NVC. He and his wife applied for tourist visa and both were granted B2 for 5 years.

The rule of presumed immigrant intent.
Section 214(b) of the Immigration and Naturalization Act says that interviewing officers MUST presume that all tourist visa applicants have immigration intent and refuse the visa if the applicant doesn't convince them that they don't intend to immigrate.
Having a petition for an immigration visa underway shows that the applicant intends to move to the US and an officer 'can' therefore deny them under 214(b).
It's not definite though as the granting or denying of tourist visas is dependent on if the interviewing officer thinks the applicant is an immigration risk.
Therefore, as others have said, having a petition in the works 'can' prevent someone being granted a tourist visa but it's not definite that it 'will' be denied.
The only way to find out is to try, having a tourist visa denied for 214(b) doesn't affect the future immigrant visa in any way so all they'd lose is the application fee

[MacUK 983]

So basically the basis for denial in this case is the same as in any other tourist visa = visitor has to prove that they only plan to visit and not stay over the visa expiration ??

Pretty much yes.

The only difference being that having an immigration petition in the works indicates immigrant intent so that raises the burden of proof that little bit more.

But at the end of the day it's down to the opinion of whoever's interviewing the applicant if they believe the applicant will abide by the terms of their tourist visa.