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Can My Brother Visit Us during the His Immigrant Application Pending Time?

Help Desk:

I applied family-based Green Card for my brother about 4 years ago. The Form I-130 has been approved, but the his Priority Date is not current, so he is still waiting for the immigrant visa number. Can he apply for any non-immigrant visa to enter U.S. to visit us during the immigrant visa waiting time?


Your brother will not be eligible to apply for a Green Card until his Priority Date is current. However, your sibling may be able to enter the U.S. on a "non-immigrant" visa while waiting for an immigrant visa number to become available. 

Please note that it will be difficult or impossible to obtain certain "non-immigrant" visas after an Immigrant Petition has been filed on behalf of your sibling. However, certain employment-based categories allow an applicant to enter the U.S. in a "non-immigrant" status even after an Immigrant Petition has been filed, such as H-1B visa or L-1 visa.





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