Visiting U.S. While Case Is Pending

[KWG17 0]

I mailed my congressman asking them to investigate about my case at USCIS which is still on the shelf collecting dust. They cited the logjam at CSC and that they really couldn't do anything unless there was a medical emergency. I then asked about my wife visiting the US on her 5-year tourist visa while her case is processed. Their response to this was,

"As for entering the U.S. on a visitor visa while an immigrant visa petition is still pending, this action could create a great deal of problems for your wife when she returns to India for her immigrant visa interview. Finally our office cannot support you, if your wife experiences any problems either at the port of entry or at the consulate because she would be in violation immigration regulations if she attempts entry before her immigrant visa is approved."

I asked what law they were referring to and they responded,

"NA Section 214(b) state that any applicant who has the intention of immigrating to the United States is not eligible for a visitor visa. In your situation her entry may be interpreted that she is trying to circumvent the immigrant visa process by entering on a non-immigrant visa before her petition is approved and visa processed. If your wife had to go to the consulate for her visa, she would be denied. Although I strongly advise against it, I cannot stop her from attempting the entry – it’s your call."

Finally I asked "how will this affect her interview when she is called in India?" and they responded,

"I can’t answer that question – I have only one example where a parent of a US citizen who came on a multiple entry visitor visa and when it came up at the immigrant visa interview she failed to mention the visit but it was in the CBP records. As a result her visa privileges were revoked for life. "

No lawyer or now government official has remotely advised visting on a tourist visa while the case is pending. I am really losing sleep over this. Searching VJ, there are many couples who have ad no issues but I am just torn on whether or not its worth the risk of added FBI checks or at worst being revoked for life.

Anyone else in the same sinking boat with no paddle?

Edited March 17, 2012 by KWG17

[kelad 8]

I mailed my congressman asking them to investigate about my case at USCIS which is still on the shelf collecting dust. They cited the logjam at CSC and that they really couldn't do anything unless there was a medical emergency. I then asked about my wife visiting the US on her 5-year tourist visa while her case is processed. Their response to this was,

"As for entering the U.S. on a visitor visa while an immigrant visa petition is still pending, this action could create a great deal of problems for your wife when she returns to India for her immigrant visa interview. Finally our office cannot support you, if your wife experiences any problems either at the port of entry or at the consulate because she would be in violation immigration regulations if she attempts entry before her immigrant visa is approved."

I asked what law they were referring to and they responded,

"NA Section 214(b) state that any applicant who has the intention of immigrating to the United States is not eligible for a visitor visa. In your situation her entry may be interpreted that she is trying to circumvent the immigrant visa process by entering on a non-immigrant visa before her petition is approved and visa processed. If your wife had to go to the consulate for her visa, she would be denied. Although I strongly advise against it, I cannot stop her from attempting the entry – it’s your call."

Finally I asked "how will this affect her interview when she is called in India?" and they responded,

"I can’t answer that question – I have only one example where a parent of a US citizen who came on a multiple entry visitor visa and when it came up at the immigrant visa interview she failed to mention the visit but it was in the CBP records. As a result her visa privileges were revoked for life. "

No lawyer or now government official has remotely advised visting on a tourist visa while the case is pending. I am really losing sleep over this. Searching VJ, there are many couples who have ad no issues but I am just torn on whether or not its worth the risk of added FBI checks or at worst being revoked for life.

Anyone else in the same sinking boat with no paddle?

Hi,

I think it would be fine, my friend visited her family several times on her nonimmigrant visa before she received her immigrant one and she had no problems. Just be honest @ Poe and having strong ties to India. She should be fine. Lists of people travel during there paperwork until it is approved.

[Darnell 8,478]

congressman's office is wrong, alas.

but it's ok, really.

with existing tourist visa, can come and go, at will.

Must to include strong ties to home country, evidence in a folder, to show at the POE.

I sense the 'immigration liason staffer' at the congressman's office not fully understand the issue, and was responding solely on buzzwords, stuff they could further use in a google search.

[bigdog 376]

I found out she dis not understand at McCain's office either. Try for a tourist visa the worst they can do is make you wait.

[Divs 35]

I mailed my congressman asking them to investigate about my case at USCIS which is still on the shelf collecting dust. They cited the logjam at CSC and that they really couldn't do anything unless there was a medical emergency. I then asked about my wife visiting the US on her 5-year tourist visa while her case is processed. Their response to this was,

"As for entering the U.S. on a visitor visa while an immigrant visa petition is still pending, this action could create a great deal of problems for your wife when she returns to India for her immigrant visa interview. Finally our office cannot support you, if your wife experiences any problems either at the port of entry or at the consulate because she would be in violation immigration regulations if she attempts entry before her immigrant visa is approved."

I asked what law they were referring to and they responded,

"NA Section 214(b) state that any applicant who has the intention of immigrating to the United States is not eligible for a visitor visa. In your situation her entry may be interpreted that she is trying to circumvent the immigrant visa process by entering on a non-immigrant visa before her petition is approved and visa processed. If your wife had to go to the consulate for her visa, she would be denied. Although I strongly advise against it, I cannot stop her from attempting the entry – it's your call."

Finally I asked "how will this affect her interview when she is called in India?" and they responded,

"I can't answer that question – I have only one example where a parent of a US citizen who came on a multiple entry visitor visa and when it came up at the immigrant visa interview she failed to mention the visit but it was in the CBP records. As a result her visa privileges were revoked for life. "

No lawyer or now government official has remotely advised visting on a tourist visa while the case is pending. I am really losing sleep over this. Searching VJ, there are many couples who have ad no issues but I am just torn on whether or not its worth the risk of added FBI checks or at worst being revoked for life.

Anyone else in the same sinking boat with no paddle?

If your wife has a valid tourist visa, she can try traveling to the US, but in all likelihood she'll be denied at the POE. Even if she's not denied, she should declare that she has an immigration visa underway. Also, it wouldn't affect her interview so long as she makes it a point to declare that she did indeed travel to the US or was denied at the POE, whichever applies.

[Darnell 8,478]

re: the interview for the immigrant visa, back at the Immigrant Visa Unit (somewhere in India) :

This will be a question asked DURING the interview, so be certain she answers truthfully.

[Bule&Cantik 8]

I mailed my congressman asking them to investigate about my case at USCIS which is still on the shelf collecting dust. They cited the logjam at CSC and that they really couldn't do anything unless there was a medical emergency. I then asked about my wife visiting the US on her 5-year tourist visa while her case is processed. Their response to this was,

"As for entering the U.S. on a visitor visa while an immigrant visa petition is still pending, this action could create a great deal of problems for your wife when she returns to India for her immigrant visa interview. Finally our office cannot support you, if your wife experiences any problems either at the port of entry or at the consulate because she would be in violation immigration regulations if she attempts entry before her immigrant visa is approved."

I asked what law they were referring to and they responded,

"NA Section 214(b) state that any applicant who has the intention of immigrating to the United States is not eligible for a visitor visa. In your situation her entry may be interpreted that she is trying to circumvent the immigrant visa process by entering on a non-immigrant visa before her petition is approved and visa processed. If your wife had to go to the consulate for her visa, she would be denied. Although I strongly advise against it, I cannot stop her from attempting the entry – it’s your call."

Finally I asked "how will this affect her interview when she is called in India?" and they responded,

"I can’t answer that question – I have only one example where a parent of a US citizen who came on a multiple entry visitor visa and when it came up at the immigrant visa interview she failed to mention the visit but it was in the CBP records. As a result her visa privileges were revoked for life. "

No lawyer or now government official has remotely advised visting on a tourist visa while the case is pending. I am really losing sleep over this. Searching VJ, there are many couples who have ad no issues but I am just torn on whether or not its worth the risk of added FBI checks or at worst being revoked for life.

Anyone else in the same sinking boat with no paddle?

i would imagine most (if not all ) are in the same boat.