Can I apply for a B2 Visa while waiting for green card? 5 Answers as of September 23, 2013

My sister who is a US citizen applied for a green card for me 10 years ago, and I am still waiting for a response. I live abroad and I want to travel to the US with my girlfriend for a family vacation (she is a US citizen too). Can I apply for a B2 visa as I only plan to go to the US as a non immigrant?

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Walker & Ungo Law Firm
Walker & Ungo Law Firm | Gabriela Ungo
You may run into "non-immigrant intent" issues, since you already have an I-130 filed and pending which is evidence that you intend to permanently live in the United States.
Answer Applies to: Mississippi
Replied: 9/23/2013
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can apply for the B-2 but there is no guarantee it will be approved as you have immigrant intent by the filing of your sister's petition on your behalf.
Answer Applies to: California
Replied: 9/23/2013
Law Office of Eric Fisher | Eric Fisher
Yes, but be prepared to explain how you still have a permanent residence abroad.
Answer Applies to: Colorado
Replied: 9/20/2013
Law Offices of Linda Rose Fessler | Linda Fessler
You can apply, but you will probably be denied.
Answer Applies to: California
Replied: 9/20/2013
Mulder Law office, PA
Mulder Law office, PA | Kyndra L Mulder, Esquire
You can apply. The question is will you receive the visa. Probably not because you have immigrant intent and a B visa is a non immigrant visa. Should you apply you will need to provide plenty of evidence to prove that you intend to return to your country of residence and you do not have an intent to remain in the US.
Answer Applies to: Florida
Replied: 9/20/2013
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