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Hello, I’m a flight crew member. I’m planning to go to Korea to obtain a crew member visa, but the problem is I’ve already been going through my green card process elsewhere. I’ve already filed I-140.
In this case, since the crew member visa matters more to me, I’d like to know if I should withdraw I-140 first before filing for the visa.
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In principle, if I-140 is viewed as showing immigrant intent, the crew member visa is seen as a visa for nonimmigrant intent, so this could be grounds for denial. However, given that crew members must leave the U.S. and continue traveling by nature of the job, even having filed I-140, the visa could still be issued if you can convincingly show you have no current intent to permanently reside in the U.S. However, if asked whether you plan to file I-140 afterward, you’d ultimately be revealing your plan to file, which could result in the crew visa being denied. If the crew visa matters more to you, the correct order would be to withdraw I-140 and then apply for the visa.