Can I apply for an American visa even if I have a current immigration case going on? 2 Answers as of June 08, 2011

I am an American citizen and I would like to know how long would the immigration process for my daughter who is 29 years old take. Our priority date is July 18, 2005. Can she file for a US visa even though she is in the process of immigration?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
No one really know how long it is going to take to finalize her process. What you want to do is look on the US-DOS visa bulletin online and look at the 3rd category or F3 and determine where she is in line. This works on a 1st come 1st served basis most of the time. You just have to keep checking. Right now they are processing applications with a priority date of June 1, 2001 unless you are from the Philippines in which case it is March 8, 1992. As far as applying for a visitor's visa, I think she will not get it since she is not going to be able to convince the consular officer that she will only stay in the US temporarily, among other things. This is because she has already announced her intention to become a LPR with the pending application we just talked about. Good luck!
Answer Applies to: California
Replied: 6/8/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
To determine when she can file the green card portion of the case, go to my website and click on visa bulletin. When you scroll to the family based green card chart, locate your category. When the PD is in that box, she can file for a green card. In terms of a visitor visa, yes, she can legally file for that or for a nonimmigrant visa. Most consulate will not give it to her because she has an immigrant visa pending but she can try!
Answer Applies to: California
Replied: 6/8/2011
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