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Student/Tourist Visa and filing a petition for US Residency

Dear P. Curtis & Associates:

I am a recent international college graduate currently on an OPT. My sibling, who is a US citizen and is also in the military, filed a petition for me to become a US Resident about a month ago. I will be returning to my home country, Honduras, at the beginning of next month. However, I was wondering if I will have any problems acquiring a student or tourist visa in the future because someone has already filed a petition for me.

Thank you very much for your help, it is greatly appreciated!

mauricio89

Comments

Phil's picture

Congratulations on finishing

Congratulations on finishing school and thanks for your post. Having a pending immigrant visa petition can effect your ability to obtain a student visa because you have to establish that you have a residence abroad which you do not intend to abandon. This is not consistent with having an immigrant visa pending which is an expressed intent to immigrate. The same can be true with a tourist visa.

What would you recommend?

Thank you for the congratulations! And thank you for your help!

So would you recommend cancelling the petition? I plan to work and get established in Honduras; therefore, I could prove that I do not intend to stay in the United States illegally. Moreover, I had a tourist visa for 10 years and then a student visa for 4. During such time I have never attempted to remain here as an illegal alien. Will this pattern in behavior have in impact on the decision makers? Will there be any negative consequences if I cancel the petition? Negative consequences in terms of acquiring a student or tourist visa, like being black listed or banned from acquiring such types of visa in the future?

Again, thank you very much for your help! It is greatly appreciated! Thank you for helping out college graduate who can't afford legal representation. I'd be glad to provide you with any document or info to prove that I am indeed a recent college graduate. Thank you again, Mr. Curtis!

Phil's picture

I'm not sure that I would

I'm not sure that I would cancel the petition. Presumably obtaining residency in the U.S. is more important to you than obtaining a tourist visa. You can apply for a tourist visa or student visa but you will have to disclose that you have a pending immigrant visa petition and that will make it highly unlikely that the student visa or tourist visa will be approved. If I were you I would just focus on the long term goal of gaining citizenship and know that it might mean you won't be able to visit the U.S. until you have your immigrant visa.

What would you recommend?

Thank you for the congratulations! And thank you for your help!

So would you recommend cancelling the petition? I plan to work and get established in Honduras; therefore, I could prove that I do not intend to stay in the United States illegally. Moreover, I had a tourist visa for 10 years and then a student visa for 4. During such time I have never attempted to remain here as an illegal alien. Will this pattern in behavior have in impact on the decision makers?
Again, thank you very much for your help! It is greatly appreciated!

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