Can you apply for a non-immigrant visa while an I 130 is in process?

UPDATED: Dec 22, 2011

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Can you apply for a non-immigrant visa while an I 130 is in process?

My father-in-law’s brother submitted an I 130 form 6 months ago. My father-in-law’s brother is a US citizen and my father is in Mexico. The mistake they did is that the application says my father doesn’t have a social and has never been in the states. He came over 20 years ago when they gave a social but hasn’t been here since. My husband became a permanent resident last year. Can we cancel the application in process and submit a new one with my husband petitioning him? I think this may be faster. Or can my father-in-law apply for non-immigrant visa while his I 130 form is processing?

Asked on December 22, 2011 under Immigration Law, California


SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A permanent resident is not able to petition for his father; he will only be able to do that once he becomes a US citizen.  A brother's petition will take about 15 years for a Mexican national.  During that time, it may be difficult to obtain a nonimmigrant visa but it is certainly possible to try.

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