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Old 11-20-2003, 12:48 PM   #5 (permalink)
Folinskyinla
 
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Default Re: Is the I-129F an immigrant visa, or a non-immigrant visa??

Originally posted by DustyTraveller

    > I've seen it listed as both; although technically I know it is a visa
    > with the 'intent' to immigrate, is it truly an immigrant visa, or a
    > non-immigrant visa? I'm confused.



Hi:



The I-129 is not a visa at all -- it is a petition.



Certain "non-immigrant" visas require a preliminary "petition" filed
with CIS. These petitions are reguired for [off the top of my head] H,
K, L, O, P, Q, S & V non-immigrant visas -- the petition form number is
I-129, but the K's have a seperate I-129F.



To confuse things even further, there are non-immigrant visa
classfications which do NOT require a preliminary visa petition, but the
I-129 is used for extensions or change of non-immigrant status -- that
is the E and R classes.



I hope this helps.

__________________
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization


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