Can relative come to U.S. with tourist visa while waiting for greencard ?

[Jidamin 0]

I've filed petition I-130 for my brother and know that it takes around 10 years for him to get greencard. Does anyone know or have experience of coming to the U.S. with tourist visa while waiting for greencard ? My brother has 10 year tourist visa and used to come to visit me every other year. Now I'm worried that there might be a problem with immigration at the airport. Not sure about this. Any information would be much appreciated. Thanks.

[aaron2020 11,651]

I've filed petition I-130 for my brother and know that it takes around 10 years for him to get greencard. Does anyone know or have experience of coming to the U.S. with tourist visa while waiting for greencard ? My brother has 10 year tourist visa and used to come to visit me every other year. Now I'm worried that there might be a problem with immigration at the airport. Not sure about this. Any information would be much appreciated. Thanks.

So long as he comes to visit and returns home without violating the terms of his visa, there should be no problem. He will have to disclose that he has an I-130 petition ongoing. The officer at the POE may or may not let him in the country. This is a fact specific determination that no one will be able to help you with. If he has been here before and gone home, that's a good indication that he will try to remain illegally in the US.

[TayRivers 4]

My son comes to visit me every year. he has a I-130 application pending filed back in 2006, so it will be a few years before he gets his visa to move here.

He has never had any problems when visiting me, if asked he tells the truth he is here to visit his Mom & Step-Dad, He was asked once for the full name and address of his employer once but he was still allowed to visit.

[Jidamin 0]

Thank you so much. That helps me a lot. I 'm not worried now.

[second stage 14]

I've filed petition I-130 for my brother and know that it takes around 10 years for him to get greencard. Does anyone know or have experience of coming to the U.S. with tourist visa while waiting for greencard ? My brother has 10 year tourist visa and used to come to visit me every other year. Now I'm worried that there might be a problem with immigration at the airport. Not sure about this. Any information would be much appreciated. Thanks.

It depends at the POE entry. Some people with visas(from visa waiver program countries) get differential treatment than others.

http://travel.state.gov/visa/temp/without/without_1990.html