Can I apply for a non-immigrant visa while I await my green card?

UPDATED: Mar 21, 2012

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Can I apply for a non-immigrant visa while I await my green card?

My mother is a US citizen and she applied for me; it was approved. The National Visa Center has to now send me a visa number along with other documents. I was wondering if I can apply for a non-immigrant visa and wait for my documents from the NVC in the US?

Asked on March 21, 2012 under Immigration Law, Massachusetts


SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are in valid nonimmigrant status in the US right now, you can apply for a change of status from whatever status you currently hold to another nonimmigrant status, provided the petition for that status is approved.  It may be a long while before a visa number becomes available if the petition your mother filed on your behalf is not an immediate relatiave petition. 

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