Would a minor get granted a tourist visa if he's under i130 processing one parent is a legal resident?

[calengineer 4]

Hi,

 

Ahead of time, let me thank you all for your time and helping us in this time of need. Let me explain the situation.

 

My brother is currently 12 years old and resides in Mexico. Our mother is currently in the USA and resides there as a green card holder. She applied for my brother (i130) as soon as she became green card holder 18 months ago, but unfortunately, he still has to wait at least 18-24 months until a visa becomes available plus additional time until the visa gets processed. Our father is currently with him in Mexico. 

 

Our mother wants him to visit her on his winter break for around 2-3 weeks. There is no intention of overstaying his visa and not to return. In fact, there is 100% intention of returning back because it is the best to wait his turn in Mexico and avoid issues with immigration in the future. Yet, the mother would love to see him since its been over a year since they haven't seen each other and she wants him to know where she lives and show him around the city where she lives. Our mother will pay entirely for the trip. Our father will take him to the immigration appointment and will travel with him since he's also a green card holder but he's currently residing in Mexico. 

 

How likely is it that he gets granted a b1/b2 visa? What documents should he take to increase the likelihood? Any other thoughts? 

[az2014 381]

Highly unlikely but only application fee to lose.

 

Let us know the result.

[monica7777 40]

I highly doubt they will give him a tourist visa, as the I-130 has been submitted and intention to live in the U.S. is  evident. You could try.

[chalchiuhticue 1]

that's what i want to know

dragon ball super

Edited October 26, 2017 by chalchiuhticue

[calengineer 4]

On 10/25/2017 at 6:10 AM, monica7777 said:

I highly doubt they will give him a tourist visa, as the I-130 has been submitted and intention to live in the U.S. is  evident. You could try.

There is the intention to live in the US due to the I-130 of course. But there is also the intention simply to visit his mom during his vacation and then go back and wait with his dad until he gets his turn.

[BuiQuang 95]

4 hours ago, calengineer said:

There is the intention to live in the US due to the I-130 of course. But there is also the intention simply to visit his mom during his vacation and then go back and wait with his dad until he gets his turn.

good luck trying.  hard for f2a bene to get visitor visa.  everybody know visitor visa not for visit but to come live temporary while wait for visa.  very common.

[Going through 5,671]

5 hours ago, calengineer said:

There is the intention to live in the US due to the I-130 of course. But there is also the intention simply to visit his mom during his vacation and then go back and wait with his dad until he gets his turn.

You have to look at it from the CO's point of view.

 

The CO is going to automatically think that, with the i-130 already in place, there is a greater chance that someone who applies for a tourist visa is planning on not returning to their home country afterwards.  Also, since he is only 12 years old, there are really no ties for him to show as proof he WILL return..

 

Just by reading your original post, there appears to be more ties in the USA than in Mexico for the 12 year old:  There is intent to immigrate already shown by the i-130 being filed. The mother is a US LPR and lives in the US.  The father is a US LPR...who plans on travelling with him to the US.  Obviously, there is no job for the 12 year old to come back to, and no assets owned by the 12 year old in Mexico.  

 

The chances of a CO believing that the child will return to Mexico after a short visit is slim to none.

Edited October 26, 2017 by Going through