Legal Question in Immigration Law in Virginia

My husband and I have an I-130 petition in process. He is not currently in the U.S. Can he travel back to visit me using his valid ESTA visa? It will have been about 4 months since his last visit. Thank you.


Asked on 11/10/15, 8:56 am

2 Answers from Attorneys
Philip Eichorn Hammond Law Group

Legally yes. Practically it will be difficult. As a visitor he has the burden of proving he's going to depart within 90 days (due to the ESTA entrance). There is a legal presumption in the regulations that he intends to remain permanently as do all aliens. If an alien with a citizen spouse is entering with a non-immigrant visa, that presumption is higher as the admission plus the marriage allows the alien to adjust status and therefore circumvent the consular processing of the immigrant visa.

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Answered on 11/10/15, 12:41 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600. Regards, RDM

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Answered on 11/10/15, 5:57 pm


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