Visa Victory: Indian Man’s B1/B2 Approval Despite I-140, H-1B Past, and Green Card Family

Image Source: Hindustan Times

Key Highlights

An Indian applicant recently shared his successful experience obtaining a US B1/B2 visitor visa, even though his immigration history included an approved I-140 (immigrant petition), previous H-1B employment, and siblings who are US green card holders. This case is notable because such backgrounds often trigger concerns about “immigrant intent” during visa interviews.

Navigating Presumptions of Immigrant Intent

• US consular officers typically presume that B1/B2 applicants with prior immigration filings or close US family ties intend to immigrate, which can lead to denials.

• To overcome this, the applicant presented strong evidence of ties to India, such as stable employment, property ownership, and immediate family residing in India—key factors that demonstrate an intent to return after the visit.

• During the interview, he was transparent about his immigration history and purpose of travel, which was strictly for tourism and family visits, not for work or permanent relocation.

Key Steps in the Application Process

• He completed the DS-160 online application, paid the $185 fee, and prepared documentation showing his financial stability and reasons to return to India.

• At the interview, he confidently addressed questions about his I-140, H-1B, and family situation, emphasizing his temporary travel plans and ongoing commitments in India.

• The consular officer approved the visa, demonstrating that even applicants with complex immigration backgrounds can succeed if they clearly establish non-immigrant intent and strong home-country ties.

Tips for Similar Applicants

• Be honest and transparent about all previous US immigration filings and family in the US.

• Prepare documentation that proves your intent to return, such as employment letters, property documents, and evidence of family in India.

• Practice for the interview to confidently explain your travel purpose and ties to India.

Sources: Boundless, YouTube