Traveling to US on tourist visa after NOA2

[bav 0]

Hello,

I am a US citizen and have filed for my parents who live in India. They also have a 10 year multiple entry tourist visa.

My sister has a GC and lives in US too, is pregnant and the plan is for them to come to US on the pre exisiting tourist visa to help her out for a few months. They have already bought the tickets and are all set to come in 6 weeks!

I did not know that coming to US can be an issue if you have an immigrant petition filed.

What do we do? I just recd the I-797C ( NOA2)

A. Cancel their trip and wait for the GC

B. Come anyways and take our chances at the airport, knowing well that they can be sent back

Any reccs are welcome.

Thanks!!

[Que Saudade 284]

This is a tough one and deserves more scrutiny. What I do know is that when entering on a tourist visa, there must be sufficient ties shown that they will return to their homeland. Any foreign visitor coming to the US to visit is considered "an intent to immigrate" unless sufficient evidence to contradict that. With the petition filed for them, they legally have shown an "intent to immigrate". There will be a strong chance they will be denied entry. You may want to contact someone with a strong background on the legal issues here. You are wise to consider this before actually just trying as that would be a disaster if they came over and then denied entry.

Good Luck on finding out the best answer considering this.

[Deep2009 18]

Hello,

I am a US citizen and have filed for my parents who live in India. They also have a 10 year multiple entry tourist visa.

My sister has a GC and lives in US too, is pregnant and the plan is for them to come to US on the pre exisiting tourist visa to help her out for a few months. They have already bought the tickets and are all set to come in 6 weeks!

I did not know that coming to US can be an issue if you have an immigrant petition filed.

What do we do? I just recd the I-797C ( NOA2)

A. Cancel their trip and wait for the GC

B. Come anyways and take our chances at the airport, knowing well that they can be sent back

Any reccs are welcome.

Thanks!!

My parents came to US on tourist visa when going through immigration process without any problem.

I think you should be ok, don't go forward with NVC processing till they are back in India and ready for the interview.

Edited April 1, 2011 by Deep2009

[Jojo92122 1,924]

Hello,

I am a US citizen and have filed for my parents who live in India. They also have a 10 year multiple entry tourist visa.

My sister has a GC and lives in US too, is pregnant and the plan is for them to come to US on the pre exisiting tourist visa to help her out for a few months. They have already bought the tickets and are all set to come in 6 weeks!

I did not know that coming to US can be an issue if you have an immigrant petition filed.

What do we do? I just recd the I-797C ( NOA2)

A. Cancel their trip and wait for the GC

B. Come anyways and take our chances at the airport, knowing well that they can be sent back

Any reccs are welcome.

Thanks!!

You don't know for sure that they will be sent back. As long as they have maintain their ties to India and state they plan to return to India to finish their immigration visa process (only state the latter if asked, and don't volunteer information), they shouldn't have a problem entering the US.

Don't cancel the trip. Let them come and enjoy the birth of their grandchild.