Family-Based Green Cards

B visa while GC pending or similar situation

Question details

After a long-term relationship, earlier this year I married a U.S. citizen. I do not want to change my immigration status and do not wish to immigrate nor reside permanently in the United States since we both have steady jobs outside the U.S. and I do not want to leave my country. All I want is to be able to travel temporarily into the U.S. for pleasure and leisure as most tourists do, once or twice a year for a couple of weeks each time.

I want to know if I can just apply for a new B-1/B-2 tourist visa to travel into the U.S. or if my husband needs to file an I-130 petition for alien relative and I-129 and K visa thereafter instead –which I understand would be the right process if I ever wanted to adjust status or become a U.S. permanent resident.

This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.

Green Card through Citizen brother

Question details

My brother got US Citizenship this month. I would like to apply Green Card using my brother's citizenship.Is it possible ? How long it will take . Now I am holding H1B.

This is usually not a feasible option. To see how long it would take, look at the Visa Bulletin: 

http://www.immigration.com/newsletter/vbarchive.html

You will note that it will take more than a decade to get a green card through family-based category 4. You are not permitted to stay in the USA just because this application is pending.

Guestbook Entry for Mohan Kompella , United States

Name
Mohan Kompella
Country
United States
State
VA
Comment

My wife and I got our Green Cards through the Law Offices of Rajiv S Khanna. Every single employee who handled our files starting with the Labor Certification through the I-140 process and the I-485 application was a pleasure to work with and was extremely professional and helpful. I can definitely see why 'The Law Offices of Rajiv S Khanna' has such a great (and well deserved) reputation across the US.

Guestbook Entry for PriyankaNag , United States

Name
PriyankaNag
Country
United States
State
CA
Comment

We are delighted to share that my wife and me both got the green card in the mail.

Once again thanks a zillion times from bottom of our hearts for Rajiv and his teams support and help during this long and painful process.Initially our case was handled by various other team members but lately our case was assigned to Mathew and Rita.I would like to sincerely thank Mathew,Rita and Pramita (our earlier case manager) for their support and help.All the team members were professional, courteous,prompt,patiently answered all our questions and helpful which makes ton of a difference.We didn't get an even single RFE.

May god bless you all for doing such an excellent job.Keep up the good work.

Our case was filed in August 2004 in EB2 category.Later it was transferred to Dallas BackLog Center.After 3 years in 2007 our first stage(Labor) was approved and just in time for July'07 fiasco filing.Rajiv asked us to be prepare with all the documentation for 140&485 concurrent filing during turmoil period.There was lot of uncertainty, chaos due to July/August 2007 Visa Bulletin.During that crisis time Rajiv and his team not only guided us very well but also came up with an innovative idea of opening up a new web site exclusively for their customers to share the information and to answers all our concerns. Rajiv and his team is very particular and prompt in answering all the questions via above mentioned web site.It provided lot of update and information about how the team was handling such crisis situations and also helped us better understanding the BIG picture.

Based on our personal experience for the past 4 years+ I would highly recommend Rajiv and his team for any immigration needs.

Guestbook Entry for Sudha Subramanian, United States

Name
Sudha Subramanian
Country
United States
State
Arizona
Comment

My husband and I got our green card approved this month. It was a long and tedious journey but I always felt confident about having Rajiv Khanna on my side. They are a very professional and efficient Law Firm. I always got replies to my million concerns. The paper work was filed perfectly and we never got any RFE'S. I have used Rajiv and his team for all my immigration work (H1B) and there is nothing but praise for them.
I would like to thank Mathew, Bharathi, Heather, Shubha, & Kumuda for all the help. I will always recommend them to anyone in the immigration process.
Best wishes for continued success.

Guestbook Entry for Sanjay Santhoshkumar , United States

Name
Sanjay Santhoshkumar
Country
United States
State
MI
Comment

My wife received her Permanent Resident card today and mine was approved (and received GC card on August 5, 200 on July 28, 2008. I would like to thank Mathew , Prerna and Bharathi for all the timely answers and advices through the process. Mathew and Prerna were always accessible . I always felt that I am getting best service and I would recommend Mr. Khanna’s team to my friends who need help with GC / immigration.

Thank you

Guestbook Entry for Ranga, United States

Name
Ranga
Country
United States
State
TX
Comment

I had hired the offices of Rajiv Khanna for my GC process. I am happy to inform that I and my wife received our green cards in the mail last evening.
I wanted to thank Amrita,Rita and Bharathi from the bottom of my heart for all the hard work they put in for me during this long process. I specially like to thank Amrita who has patiently talked to me during numerous difficult times during these years. You all are a wonderful team and I am lucky to have had the representation of your firm for my green card process.
Many Many thanks again.

Guestbook Entry for AS and SG , United States

Name
AS and SG
Country
United States
State
GA
Comment

I reserve only the highest praise for Rajiv Khanna and Heather Crump who helped us throughout the immigration process. It is rare to find legal services provided in as friendly and supportive a manner as rendered by Rajiv and Heather. Both Rajiv and Heather gave generously of their time and expertise and answered all our questions promptly, clearly, and completely.

Rajiv's approach is warm and personal, not cold and clinical, and he constantly provided the sort of big-brotherly, yet highly professional, support that put us at ease through every step of our immigration. With Rajiv on our side, we were quite confident of having our family-based green card application approved, even though ours was a somewhat unconventional case.

We were equally lucky to be assigned to Heather whose positive attitude, kind words, and personable nature brightened up many of our days.

Judging from the high quality of legal services we received, it is not surprising that the "Law Offices of Rajiv S. Khanna" are spoken of so highly.

I strongly recommend the "Law Offices of Rajiv Khanna" to my friends and family for expert legal help! You will be in good hands!

Guestbook Entry for Palani Sivaramakrishnan, United States

Name
Palani Sivaramakrishnan
Country
United States
State
Florida
Comment

My wife and me got my green card after 5 years. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC. Some of my friends and employees of our company went through Rajiv and all of them are also happy like me. We are thankful to Rajiv and his staff.

Guestbook Entry for Sreedhar Cherukuri, United States

Name
Sreedhar Cherukuri
Country
United States
State
New Jersey
Comment

Finally me and my wife received our greencard after 5.5 years.
I would like to thank you Rajiv & his team in helping me to achieve permanent status. Rajiv and his firm really helped me getting my greencard, at one point my I-140 is on verge of denial status, Rajiv and his firm helped me out this situation. Once again I would like to thank Rajiv.