Thompsons, TX Immigration Law Firms & Lawyers

Unfortunately, holders of H-2A visas are not permitted to have dual intent, which means they cannot enter the US with a H-2A visa and at the same time be actively seeking permanent residency. Thus, the filing of an I-130 petition may prevent him from entering the US with his work visa. It's probably a better idea for him to apply for adjustment of status after he enters with the work visa. He should wait at least 90 days after entry before he concurrently files the I-485 application and I-130 petition. It is best to file the forms while he is still in valid status, but they can be filed even after he falls out of status.

Most visitor's visas get denied because the applicant fails to show that he/she has strong ties to the native country and does not intend to remain in the U.S. For example, simply mentioning that he has a fiancee in the U.S. would likely result in a denial of a B1/B2 visa. If your fiance's visa application was denied only because he did not prove that he has no intention to immigrate to the U.S., this denial will not affect the outcome of your I-130 petition for him of of an application for a K (fiance) visa. If however, your fiance's B visa application was denied because he has a criminal record, or a history of violation of immigration laws of the U.S., or a disease that makes him a danger to others, or an association with a terrorist organization; then your I-130 petition will not be approved.