Visiting with B2 visa before getting greend card

[ulises 0]

Hello,

I got a job in the US, and thought that the company would get visas for my family. However as I am a US Citizen they said they cannot give me an L1 visa for I am a US Citizen already and thus don't need a visa.

The company doesn't deal with family, so I was left on my own and did my research.

I am about to file at US Embassy in Mexico City. However, I had booked tickets to travel on Jan 8 with all my family. Is there any legal impediment for my family to travel as tourists to the US (they already have B2 visas) while the I-130 resolution is pending?

I will file next week, and travel in 3 more weeks, so I am wondering if USCIS have not given any resolution by that date, would they know at "Port of Entry" that I have filed the I-130?

Can trying to bring my family as visitors affect the resolution of I-130, or of the immigrant visa in the future?

Thanks in Advance,

Ulises

[Penguin_ie 5,996]

Yes they will know you filed, but filing for immigration visas for your family via DCF doesn't stop them from using their tourist visas, but CBP has discretion on who to permit entry and your family may face extra scrutiny at the border- they should bring proof of ties to Mexico (letter from employer stating when they are expected back, enrollment in school/ university, lease of home etc). Visiting the USA- or even being turned back at the border- won't affect their immigration process as long as they do not do anything illegal (overstay, lie to immigration officials etc).

You'll want to make sure you have someone in Mexico checking your mail, as DCF can go quickly and you may get forms to fill out/ an interview appointment.

Some embassies want to see the petitioner in person when filing DCF, so you may want to verify that it is ok to leave before the I-130 is approved (with the holidays, it may take longer than 3 weeks to approve).

[ulises 0]

Yes they will know you filed, but filing for immigration visas for your family via DCF doesn't stop them from using their tourist visas, but CBP has discretion on who to permit entry and your family may face extra scrutiny at the border- they should bring proof of ties to Mexico (letter from employer stating when they are expected back, enrollment in school/ university, lease of home etc). Visiting the USA- or even being turned back at the border- won't affect their immigration process as long as they do not do anything illegal (overstay, lie to immigration officials etc).

You'll want to make sure you have someone in Mexico checking your mail, as DCF can go quickly and you may get forms to fill out/ an interview appointment.

Some embassies want to see the petitioner in person when filing DCF, so you may want to verify that it is ok to leave before the I-130 is approved (with the holidays, it may take longer than 3 weeks to approve).

Thanks penguin_ie. They do not request the petitioner in person in Mexico city, as it is actually not a real DCF, for it is a branch of USCIS located inside US Embassy. You can mail the documents, but I will deliver the documents in person, as I want to be sure that all the files are filled correctly and documents are ok, since I will be travelling to the US on January. The second part (filing for immigrant visa) is done in US Consulate in Ciudad Juarez.

Do you know if you can have the consulate send the notifications to the address in US instead of the address in Mexico?