Visiting USA after Applying I 130

[pswinontario 0]

Hello,

I m US citizen. I need to bring my parents to US.

My parents have 10 year US Visitor Visa. I am applying for i 130 based on parents of US citizen.

Can They come to USA on Visitor visa after I apply for I 130?

 

Or will it be a problem while pending I 130?

 

Thank you

[Longingfor 195]

They can visit. I have done so many times without hassle. 

[Cyberfx1024 7,980]

They can visit the US without a problem because they already have a valid tourist visa to the USA. 

[Pat Stubbs 10]

I have a 10 year B1/B2 visa and my son who is a US citizen in May submitted an I 130 on my behalf. I have consulted two immigration lawyers for an opinion and I phoned Homeland Security direct. They all told me not to attempt to travel, even though I have a current tourist visa. Homeland Security told me that once I have expressed intent to emigrate they would not believe me if I said I was just visiting. Heart breaking.

[Ontarkie 14,223]

~~Moved to Tourist Visas, from Bringing Family Members of USC - As the question is about visiting~~

[pswinontario 0]

so what is correct now? some says YES and others says NO

[Boiler 45,514]

Yes you can visit.

[WeGuyGal 1,052]

They can visit, presumably from India, but they should not have intent to AOS on a B2. 

[geowrian 22,337]

Yes they can visit. They should be ready to show their ties to return home (as should any traveler) due to potential increased scrutiny of their intent.

[SusieQQQ 11,586]

On 12/29/2017 at 2:45 PM, Pat Stubbs said:

I have a 10 year B1/B2 visa and my son who is a US citizen in May submitted an I 130 on my behalf. I have consulted two immigration lawyers for an opinion and I phoned Homeland Security direct. They all told me not to attempt to travel, even though I have a current tourist visa. Homeland Security told me that once I have expressed intent to emigrate they would not believe me if I said I was just visiting. Heart breaking.

 

On 12/30/2017 at 6:59 AM, pswinontario said:

so what is correct now? some says YES and others says NO

I visited the US a few times, and even had a visitor visa renewed, while I had first one and then another immigrant visa petition in progress. The key is to be able to show CBP on each entry that that entry will be a visit only despite the longer term intent to immigrate - so be prepared to show a return ticket, ties to home country etc. If they have any suspicion that you will stay to adjust status while entering on a tourist visa, they will not allow you in.

[payxibka 10,045]

On 12/30/2017 at 8:59 AM, pswinontario said:

so what is correct now? some says YES and others says NO

Both, Entry at the port is never guaranteed and it depends on the CBP officer and the strength of the evidence that is presented in response to the officer's questions

[pswinontario 0]

now it makes more sense. thanx everyone

[Italian_in_NYC 259]

My mom visited 7 times in the last year and a half (she has a valid ESTA, which is similar to a tourist visa, although not a visa), 6 of them after I filed an I-130 for her.

She actually came in (for the 7th time) on New Years Day, no questions asked, not even length of stay. She has her IV interview at the US Consulate at the end of the month.

[WeGuyGal 1,052]

12 minutes ago, Italian_in_NYC said:

My mom visited 7 times in the last year and a half (she has a valid ESTA, which is similar to a tourist visa, although not a visa), 6 of them after I filed an I-130 for her.

She actually came in (for the 7th time) on New Years Day, no questions asked, not even length of stay. She has her IV interview at the US Consulate at the end of the month.

She was admitted obviously with the CBP satisfied she'd return for the US Consulate interview rather than AOS. 

[Italian_in_NYC 259]

Just now, WeGuyGal said:

She was admitted obviously with the CBP satisfied she'd return for the US Consulate interview rather than AOS. 

She wasn't asked any questions though, none.

I don't know what pops up on their computers when they scan passports.

But yes, it would make no sense to screw up the whole process now after a thousand dollars in fees and an IV interview in 4 weeks.

I had her prepared though (return ticket and interview letter) this time (normally I wouldn't worry). She also brought all of her interview docs so I can go over them with her before she flies back.