Can I get a Non Immigrant Visa if I have an open Immigrant Visa Petition?

October 17, 2016

An applicant might have a petition for an Immigrant Visa, yet at the same time need to travel to the United States for business or pleasure.  In this situation, it is important to understand the difference between these two visas.  A non-immigrant visa is meant for those travelers who want to visit the United States for a short period of time.  Non-immigrant visa holders typically have strong ties to the Dominican Republic such as employment, family, property, and no intention to immigrate to the United States.

Having or missing one of these factors will not cause a non-immigrant visa to be granted or refused.  Instead, the consul will weigh all the factors to determine how likely a person is to return from the United States.  Every case is different.

Another point to consider is that the immigrant visa process takes a long time.  Because of this, the consul must also determine if the applicant is trying to circumvent the immigrant visa process by illegally moving to the United States using a nonimmigrant visa.

In the end, it is difficult to obtain a non-immigrant visa when you have an active immigrant visa petition because the immigrant visa signifies your intention to establish residency in the United States.  This is in direct conflict with the intentions of a non-immigrant visa.  But it is still possible to have both.  As in any non-immigrant visa interview, the applicant must convince the consul that they will honor the terms of the visa, return on time, and not engage in illegal employment activities in the United States.  If you can demonstrate this very clearly, then it is possible to obtain a non-immigrant visa.

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