Applying for Visitor Visa for Parents While Greencard Application In Progress

[devdev 0]

I have applied for greencard for my parents in Feb 2018. We are hoping that they will receive their greencard towards the end of this year or early next year.

 

In the meantime, my parents' 10 year visitor visa is expiring in August 2018. We have a big family event coming up in September/October that my parents really wanted to attend.

* Is it a good idea to apply for visitor visa for my parents while the greencard application is on file?

* Is there any chance they would get visitor visa at all given greencard application is ongoing?

* Would it impact the greencard application in any negative way?

[SusieQQQ 11,587]

Given the timing, they’ll be hard pressed to show ties to home if they are imminently about to immigrate anyway. So I’d expect a new visa application difficult. They might be able to convince the CO to give them a one-off single entry for the event, but I’ve only heard of that happening for business courses not family things.

 

one option, if they have the time, is to enter on the visa before it expires and stay the month or two till the family celebration. 

Edited May 24, 2018 by SusieQQQ

[Cyberfx1024 7,980]

2 minutes ago, devdev said:

I have applied for greencard for my parents in Feb 2018. We are hoping that they will receive their greencard towards the end of this year or early next year.

 

In the meantime, my parents' 10 year visitor visa is expiring in August 2018. We have a big family event coming up in September/October that my parents really wanted to attend.

* Is it a good idea to apply for visitor visa for my parents while the greencard application is on file?

* Is there any chance they would get visitor visa at all given greencard application is ongoing?

* Would it impact the greencard application in any negative way?

Yes, you can still file for the B2 tourist visa in conjunction with the greencard.

Since they already have a tourist visa it will more than likely be good for them and they will be able to get another one to be able to visit you.

No, it will not affect their greencard application in any way if they apply for it as long as they are truthful during the interview. If they lie in it and are caught thus denied it can and will affect the greencard application.

 

 

[Starkilla09 366]

It might be difficult getting a new visitors visa with a pending immigrant petition though not impossible. Their odds will be better if they have a frequent habit of visiting temporarily and departing on time. The safest option is for your parents to travel in August or even earlier if they could before the 10 year visa expires. This is better since they will be admitted for 6 months and still legally allowed to stay past expiration date of their visas. Applying for a new visa is a risky option because if denied, the existing visa will be cancelled with prejudice thereby throwing all travel options out of the window, and your parents will only be able to come when they get their immigrant visas months later. Remember a valid visa is only a key to seek admission at port of entry and not a determination of how long you’ll be allowed to stay. It will be unwise to risk it meanwhile they could still try and travel earlier before it expires. They should only do this new visa application if they really have pressing issues that make it difficult to travel way earlier than the planned event. 

[Ontarkie 14,499]

~~Moved to Tourist Visas, from Bringing Family - The OP is asking about being able to visit.~~

[devdev 0]

@Starkilla09

 

“This is better since they will be admitted for 6 months and still legally allowed to stay past expiration date of their visas.”

 

This is new to me. I heard from at least few people that one needs valid unexpired visa throughout their entire stay in US, so essentially one would need at least 6 months of visa validity remaining when the person enters US on visitor visa?!?

 

 

[SusieQQQ 11,587]

4 minutes ago, devdev said:

@Starkilla09

 

“This is better since they will be admitted for 6 months and still legally allowed to stay past expiration date of their visas.”

 

This is new to me. I heard from at least few people that one needs valid unexpired visa throughout their entire stay in US, so essentially one would need at least 6 months of visa validity remaining when the person enters US on visitor visa?!?

 

 

Your few people are wrong. The visa only needs to be valid as at the date of entry, the authorized stay can go beyond that.

do not necessarily count on getting 6 months though, it can be shorter than that. It is up to the discretion of the CBP officer.

[SusieQQQ 11,587]

Officially

 

My visa will expire while I am in the United States. Is there a problem with that?

No. If the Department of Homeland Security, Customs and Border Protection Immigration Officer at the port-of-entry admitted you into the United States for a specific period of time, s/he will note your authorized period of stay on your admission stamp or paper Form I-94, called an Arrival/Departure Record. You will be able to remain in the United States during your authorized period of stay, even if your visa expires during the time you are in the United States. Since your admission stamp or paper Form I-94 documents your authorized stay and is the official record of your permission to be in the United States, it is very important to keep inside your passport

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/frequently-asked-questions/about-basics.html

 

official sources of info are always much better than “someone said”...

[Starkilla09 366]

2 hours ago, devdev said:

@Starkilla09

 

“This is better since they will be admitted for 6 months and still legally allowed to stay past expiration date of their visas.”

 

This is new to me. I heard from at least few people that one needs valid unexpired visa throughout their entire stay in US, so essentially one would need at least 6 months of visa validity remaining when the person enters US on visitor visa?!?

 

 

No you’re getting confused between passport and visa validity. As Sussie QQQ and I mentioned, you just need a valid visa to seek admission to the U.S. no matter how long it’s valid for. Your length/duration of stay will be determined by CBP officer (usually 6 months for a B-2 visitor though they have discretion to shorten the date). Now with that being said most countries on the other hand require your passport to be atleast valid for atleast 6 months or 90 days depending on the country’s immigration poilicy when seeking admission.

[devdev 0]

Thank you for your help @SusieQQQ and @Starkilla09.