Visit Visa While I-130 is under Process?

Spotter 888

A person being sponsored can apply for a visitor's visa while the petition is under process.

With regard to increasing your chances, I cannot give you any advice other than what you can find on the US Embassy website in your country. Just be truthful in the visitor's visa application and tell them about your petition. In the port of entry, if they ask you, tell them that you are visiting and will take 20 days. Just be truthful. If you lie, you will jeopardize your petition. Overstaying your visa will do that too.

As to the parole, that is only for green card holders which you are not.

LV-Gnome

Given that you have an application for (I assume) residency pending, a tourist visa will be very difficult to get - even visiting under the visa waiver program with a pending application can be problematic, as they will view you as an overstay risk.

To optimize your chances, you will need to show definitive proof of strong ties to your home country, such as documentation of ongoing employment, lease/mortgage, bank statements and other obligations and commitments.

veritaslegalgroup

You are quite confused. Please contact an immigration attoney to advise you on these difficult matter. This is what I understand from your question and my answer to same.

If I undestan correctly, you are currently outside the U.S. and someone filed an I-130 on your behalf. If that is correct, then you cannot file for a visitor visa. A visitor visa is a nonimmigrant visa, while the I-130 is an immigrant visa. To qualify for a nonimmigrant visa, you must established that you do not have immigrant intent. By having an I-130 application filed, it shows that you have immigrant intent.

To by pass this, people who have visa waiver have attempted, and sometimes successfully enter the U.S. at the port of entry at the airport Obviously, you will take the risk that if the oficer asked why are you entering the U.S., and knowing that you have an I-130 filed, then he/she may now allow to entry. I do not advocate lying to the U.S. officer either. Filing a false application, including false information upon entry, could be a denial for all your immigrant applications.

Again, these are complicated issues. An attorney would need more information to answer your question accurately. Please consult an experienced immigration lawyer.

Good luck!

Steven Pham, Esq.

platinus168

Don't know about I-130 but advance parole is for people who want to leave the USA while their I-485 is in process. I was adviced by my lawyer not to leave the US while my I-485 is in process.

violina

I was reading all the above, and I am more or less in the same situation. I have been two times in US under tourist visa and each time I have only stayed for one month , so I have not overstayed so I have been ok . At that moment when I was given visa I had no file petition pending. Now my father became US citizen and he has filed for me I 130 and I want to apply for a tourist visa again only for 10-20 days , I do not intend to stay or chance status , I have a good job in my country I work in a bank since 8 years now , I have traveled many times abroad , do you think that this are strong enough proofs to give me another visa now that I have a pending petition. I also want to use an invitation I have to be part of a christian conference since I volunteer in a humanitarian organization , can this also be of help?

Enter Your Message or Comment

User Name:
User Email:
Post a comment: