How does a pendingresidency petitionaffect a student/tourist visa?

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How does a pendingresidency petitionaffect a student/tourist visa?

I am a recent international college graduate currently on an OPT (Optional Practical Training). My sibling, who is a US citizen and is also in the military, filed a petition for me to become a US resident about a month ago. I will be returning to my home country, Honduras, at the beginning of next month. However, I have read that having a pending petition will not allow me to acquire a student or tourist visa in the future. Is this true? If so, I will tell my sibling to withdraw or cancel the petition (Form I-130). So far we have only received a letter from USCIS, which states that they have received form 1-130 and that it is in process. If the petition is cancelled will this action have negative consequences in terms of acquiring a student or tourist visa in the future. In other words, will I be blacklisted or banned from acquiring a such visas because my sibling cancelled the petition? How long would we have to cancel the petition before it is irreversible?

Asked on January 27, 2012 under Immigration Law, Georgia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

With the pending I-130, you are not likely to get a new student visa or tourist visa since the filing of the I-130 shows that you have immigrant intent even though you would not be eligible to immigrate on the basis of this petition for about 10-12 years.  You really should have either FIRST gotten a new visa and THEN had your sibling file on your behalf or not go outside the US and simply change your status within the US, if you are able to.  GOing outside the US will significantly increase your chances of denial of a new student visa.


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