Jump to content

33 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Italy
Timeline
Posted

If your plan is to come on a visitor's visa and adjust status, but you lie at POE that you just want to visit and you get caught, yes, they deny you entry.

If your plan is to come on a visitor's visa to visit, and you show ties to your country if asked, you can enter the country, regardless of having an I-130 pending. You don't have to lie at the POE to enter the country for a visit with an I-130 pending. Plenty of people have done that.

Btw, not very smart to lie to the people with computers in front of them containing all sorts of immigration data about you. They probably know about the I-130 before you tell them, so saying that people who visit with an I-130 pending are lying about it is naïve at best.

Please don't say things that I didn't wrote!!

I didn't say that we lied to the officer at the POE!!!

We said that we had a I-130 in process and they sent us back to our country.

I don't like people who give wrong informations!!!!!!

I hope you will ask sorry for that

have a nice day

Feb 12, 2014 I-130 Initial review
Mar 3, 2014 I-129F K3 Initial review
July 12, 2014 end of the timeline that Nebraska indicate for NOA2
Sep 09, USCIS contacted, delay of time due to "security checks"
Sep 15, Senator take care about my case
Sep 20, same answer to my senator from USCIS
Sept 25, I-130 and K3 has been approved!
Oct 15, I-130 sent to NVC from USCIS.
Oct 21, I-130 received by NVC.
Waiting to have a number from NVC and the timelimit of 30 days has gone
48 days and no case number received yet.
Nov 10, expedite sent from Office' Senator to NVC
Nov 12, Case number assigned!
Nov 13, AoS Bill received
Nov 21, bypassed NVC to Naples Consulate.
Dec 09 medical exam
Dec 10 interview and Visa approved
Filed: Citizen (apr) Country: Brazil
Timeline
Posted

Please don't say things that I didn't wrote!!

I didn't say that we lied to the officer at the POE!!!

We said that we had a I-130 in process and they sent us back to our country.

I don't like people who give wrong informations!!!!!!

I hope you will ask sorry for that

have a nice day

When did I say that's what you did?

You are the one spreading incorrect information based on one data point, your personal experience. I don't know what you did or what happened to you, I wasn't there. I'm just explaining to the OP what the laws and regulations surrounding this situation are. And correcting the information you gave, which is wrong.

Filed: IR-1/CR-1 Visa Country: Italy
Timeline
Posted

When did I say that's what you did?

You are the one spreading incorrect information based on one data point, your personal experience. I don't know what you did or what happened to you, I wasn't there. I'm just explaining to the OP what the laws and regulations surrounding this situation are. And correcting the information you gave, which is wrong.

You said: "They probably know about the I-130 before you tell them"

it is obvious that you are talking about us.

Please use other words if you don't say what you say, or the misunderstanding is easy!

I won't reply and i won't read your answer, if you will do.

This conversation is sick as well.

Bye :)

Feb 12, 2014 I-130 Initial review
Mar 3, 2014 I-129F K3 Initial review
July 12, 2014 end of the timeline that Nebraska indicate for NOA2
Sep 09, USCIS contacted, delay of time due to "security checks"
Sep 15, Senator take care about my case
Sep 20, same answer to my senator from USCIS
Sept 25, I-130 and K3 has been approved!
Oct 15, I-130 sent to NVC from USCIS.
Oct 21, I-130 received by NVC.
Waiting to have a number from NVC and the timelimit of 30 days has gone
48 days and no case number received yet.
Nov 10, expedite sent from Office' Senator to NVC
Nov 12, Case number assigned!
Nov 13, AoS Bill received
Nov 21, bypassed NVC to Naples Consulate.
Dec 09 medical exam
Dec 10 interview and Visa approved
Posted

No offense at all.

My mistake to say 60 instead 90

The chief of the officer at the Boston POE told me that trying to entry with an ESTA when you have a I-130 in progress is considered a lie and that is a federal crime.

If you pass the border telling that you are just visiting, if you are lucky and they trust you you can go in.

In our case we were honest and the chief send back us to our country telling us was not possible to do that.

My wife went in USA 1 year ago for the first time in her life.

The second time was in march, when we already started with the I-130 request.

Anyway, I trust that officer.

You trust I don't know who.

Different point of view.

No problem... you keep yours, I keep mine. :)

If you trust that officer, I have bridge to sell you.

People here is trying to correct information that is wrong -no one here is trying to prove you wrong-; yours is (about the denial of entry when on a I-130; as you can see for several people who have entered the country while processing it); there is no shame in that.

You are taking this much to personally and I can understand that, but that is not conducive to any good outcome. At the end of the day, only when you have correct information is that you can be empowered.

It is well known that officers at the border have discretion as to who they let in and who they don't. They might have told the story on the i-130 out of ignorance (which very much exists in those ranks) or to appease you with a 'legal" reason; I don't know, I was not there. Oftern there is not much you can do in that situation, and that is a shame.

What we all here know for sure is that individual cases do not constitute proof of anything other than your case.

No one is accusing you guys of lying or advising to not being honest.

Good luck on your journey.

Filed: K-3 Visa Country: Bahrain
Timeline
Posted

Every letter I have gotten from NVC, USCIS, and CBP says boldly that a visa does not gurantee entry. It also usually says it is up to the CBP officer based on his evaluation. That being said, even embassies will tell you that it is ok to put in for an I-130 and also travel after it is put in. The one case versus anyone else is not the same. I am sure that the CBP had feelings that something was going on. They don't just turn you away because of a bad day. What that was caused by is usually mailed to you in a letter from the CBP, and you have to note it in future communications with NVC and USCIS. (Hence why they ask have you been turned down for a visa or entry in the last year.) My wife was turned down for a tourist visa because they specifically said I needed to file the I-130 first. We had been married for too long. They outright told me she was too high of risk for doing an adjustment on arrival, and they wouldn't take a chance. (Even though they knew I had worked overseas for 13.5 years and would be coming back overseas.) We didn't let it bother us, and they have been kind to us with all communications since then.

Filed: Citizen (pnd) Country: Japan
Timeline
Posted

Every letter I have gotten from NVC, USCIS, and CBP says boldly that a visa does not gurantee entry. It also usually says it is up to the CBP officer based on his evaluation. That being said, even embassies will tell you that it is ok to put in for an I-130 and also travel after it is put in. The one case versus anyone else is not the same. I am sure that the CBP had feelings that something was going on. They don't just turn you away because of a bad day. What that was caused by is usually mailed to you in a letter from the CBP, and you have to note it in future communications with NVC and USCIS. (Hence why they ask have you been turned down for a visa or entry in the last year.) My wife was turned down for a tourist visa because they specifically said I needed to file the I-130 first. We had been married for too long. They outright told me she was too high of risk for doing an adjustment on arrival, and they wouldn't take a chance. (Even though they knew I had worked overseas for 13.5 years and would be coming back overseas.) We didn't let it bother us, and they have been kind to us with all communications since then.

I have no doubt that what you are saying is true, but that seems so ludicrous for them to require an I-130 for a simple visit when you (presumably) had evidence supporting your return to employment overseas...

Anyways, I echo what others have said that it's alright to visit on a tourist visa while I-130 is pending. Plenty of people on here have done it.

Day 0 - 2 May 2012 Mailed AOS package overnight delivery
Day 139 - 17 September 2012 Interview & APPROVED on the Spot!! :)
Day 145 - 23 September 2012 Received Green Card!

ROC - Eligible June 19 2014

Day 0 - 18 June 2014 Mailed ROC package via 2 day priority

Day 42 - 29 July 2014 Approval and Card Production Email

Day 49 - 5 August 2014 Received Green Card

Posted

Please help, i called moroccan cansulate and USCIS and both said that they dont see any problem in this !!

If you called the consulate and Uscis and got the all clear why would you believe your friend? Anyways, the CBP officer has the final say at POE.

....All your Negative Energy Feeds Cancer!


event.png

Filed: Timeline
Posted

People visit all the time wile being processed for LPR

It depends on the CBP, do they visit annually & go back

home, amount of luggage they are toting, its best to visit

for a mth or less not more, tell the truth & family members

accepting U should know intended time of stay if they are

called for confirmation...They wont issue a visa while a petition

have started, they should travel with stuff showing continued ties to

their country,a sensible CBP knows if they wanted to run off

they could a long time ago...Your pal is not correct

Filed: F-2A Visa Country: India
Timeline
Posted

Not true, I was granted a tourist visa when I was in the NVC stage of my immigration process, the interviewing officer knew fully well I was going through consular processing of IV and still granted me tourist visa. Furthermore, my tourist visa was not even cancelled during my immigrant visa interview and was left as it was!

I asked the embassy specifically about using tourist visa during immigration process and their answer was " As long as your purpose of visit matches the visa you are using you can go ahead with it. If your visa is valid, unmarked and not damaged, you are okay to use it. However, we can not guarantee what will happen at the point of entry as it depends upon the discretion of the CBP officer.

Posted

I am following another post of a woman who was also concerned that her parents's tourist visas would be voided. Their process is already at the NVC and they were allowed entry with no questions asked. This is a case by case basis because the CBPO has complete discretion. They do not void your tourist visa or deny you entry simply by having a pending petition.

I am with "Camelott"

It can be deny trust me it happen with one of my friend. He was little lucky he had I130 pending and his tourist visa was expire and so he file for another one. Which was deny.

Means he didn't have to go through trouble like Camelott has to go.

This does not constitute legal advice.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...