Can you choose not to use your visa on entry?

[ptrober 0]

I have my N400 interview in 10 days and am hoping that soon I will be able to file for my parents. I know that once a visa has been issued you have 6 months to enter the United States, but once the visa has been issued can you enter the US and choose NOT to use it? If their visa was approved in say April of next year and they wanted to come on vacation in May but not emigrate until August can they elect to enter on the VWP (from UK) and keep the visa for their next entry?

Edited February 24, 2009 by ptrober

[payxibka 10,047]

I have my N400 interview in 10 days and am hoping that soon I will be able to file for my parents. I know that once a visa has been issued you have 6 months to enter the United States, but once the visa has been issued can you enter the US and choose NOT to use it? If their visa was approved in say April of next year and they wanted to come on vacation in May but not emigrate until August can they elect to enter on the VWP (from UK) and keep the visa for their next entry?

What is your concern for holding back on the use of the visa?

Edited February 24, 2009 by payxibka

[Mononoke28 135]

I'm pretty sure you can. I read a while back a post by a member from Canada who came to the US to take care of some stuff, I can't remember if it was wedding details or what but she did that, explained it to the POE officer and was allowed to come in as a tourist. Some time later she used her K1 visa to enter the US.

But the best thing would be to call them to make sure first.

Diana

[Kez/JWolf 6]

There is nothing to stop them activating the visa when they come on vacation their visa will be endorsed with a stamp that make it a temp greencard and is good for international travel and work. So they enter using their visa and then they go home when they want the greencards get sent to your address and you can either mail them to your parents or they can use the visa with the I-551 endorsement to re-enter in August when they finally move over.

That it the joy of having a IR-5 visa they will be LPR from the minute they enter the US on their visa, they can come and go as they please.

[Jasman0717 9]

You don't have to use the visa if the beneficiary has an alternative method of entry. They will need to talk to the officer at the POE

[Mononoke28 135]

There is nothing to stop them activating the visa when they come on vacation their visa will be endorsed with a stamp that make it a temp greencard and is good for international travel and work. So they enter using their visa and then they go home when they want the greencards get sent to your address and you can either mail them to your parents or they can use the visa with the I-551 endorsement to re-enter in August when they finally move over.

That it the joy of having a IR-5 visa they will be LPR from the minute they enter the US on their visa, they can come and go as they please.

This is true, I didn't think of that. Since they're your parents, they can travel in and out of the US without any issues as long as the have the I-551 stamp in their passports.

Diana