how will visiting the US affect one's petition by a War Veteran?

[bergita]

What is the name of your state? california

My brother in law's petition who is 46 yrs old, is still on going. he is petitioned by his father who is a was a war veteran and is now in the states enjoying his benefits.

Is it true that if he enters the US as a tourist, his petition becomes null and void?

 

[ImmigAttyLana]

No, the pending petition by a parent on behalf of a son/daughter for permanent residence will not become null and void if he enters the US on a visitor's visa. The issue is that he may not be granted a visitor's visa BECAUSE there is a pending family-based petition for permanent residence and he will be presumed to have immigrant intent which is incompatible with the intent necessary for the visitor's visa.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[bergita]

[The issue is that he may not be granted a visitor's visa BECAUSE there is a pending family-based petition for permanent residence and he will be presumed to have immigrant intent which is incompatible with the intent necessary for the visitor's visa.]

He was luckily issued a visitor's visa long ago which was still valid when they left last year. Now, his wife is working there on H1B status with an I-94 of three years. He on the other hand is a holder of an H4 status, presently enrolled in a school.

Is his present situation still not going to affect his petition?

 

[ImmigAttyLana]

So if he has a H-4, he should travel on that and not on the visitor's visa. Traveling on the H-4 will not have any negative impact on the pending family-based petition for permanent residence through his father.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.