Apply for tourist visa while waiting for green card?

[777notevem 0]

I have been waiting for a green card for over 1 year.  My case is a complicated one and it very much looks like it will be a while till my next interview or if it will get approved.  I was wondering if i could apply for a tourist visa just to visit my parents for about two months then go back to Mexico and stay till we hear from the consulate.

 

Would it jeopardize my case?

[NikLR 13,232]

No it won't jeopardize your case but as you have immigrant intent you'll likely be denied. 

[agripa 100]

15 minutes ago, 777notevem said:

Would it jeopardize my case?

No, it won't jeopardize your case. However, one of the prime requirements for a tourist visa is proof that you intend to return back to Mexico. Since you have an immigrant visa application pending (on top of which it looks like a complicated history with USCIS) this will very likely disqualify you for any tourist visa. However, you can certainly try! I wish you the best of luck.

[KierenHby 899]

B2 never easy with a pending i130, but wouldn't hurt to try. Doesn't effect GC processing. 

[777notevem 0]

43 minutes ago, agripa said:

No, it won't jeopardize your case. However, one of the prime requirements for a tourist visa is proof that you intend to return back to Mexico. Since you have an immigrant visa application pending (on top of which it looks like a complicated history with USCIS) this will very likely disqualify you for any tourist visa. However, you can certainly try! I wish you the best of luck.

Okay let me give you an insight on my case and hopefully everyone else can see this so i can receive good advice, my parents practically screwed my life over.  My father is a US citizen, my mother is a permanent resident and has been since I was born. When I was born, in tijuana, mexico, my parents were super negligent and didn't register my birth, which meant no birth certificate.  All my life until a year ago I had no birth certificate, I lived in the USA undocumented and we couldn't do anything about it because in order for me to receive a birth certificate was to leave the country and that had a risk of myself not being able to come back to the US. Thats what makes the case complicated, we already did DNA tests to prove sanguinity and we were moved out of the fraud prevention unit and then given a waiver for staying in the us illegally after my 18th birthday.  My attorneys are currently battling to appeal the waiver because I petitioned when i was 17 and left the country before the 6 month penalty mark.  

[Daisy.Chain 317]

Even with the extra info, you are still unlikely to be granted a B2 when the GC petition shows the intent to immigrate. The growing up in the US doesn't help either. Would it be possible for your parents to come visit you?

[Boiler 46,141]

So your father was not able to pass on US Citizenship to you?

 

One of the issues could be without a Birth Certificate showing you had left before the ban kicked in.