Applying for IR-5 while visiting on B1/B2 tourist visa

[rick313 5]

Hello all. I have a question that hopefully someone knows about. My wife and I are soon applying for an IR-5 (immediate relative visa) for my wife's father to become a US citizen (he is currently a Thai citizen and living in Thailand). However, he previously applied for and received a 10 year B1/B2 tourist visa in 2014 and visited us a few years ago. While we apply for the IR-5 (which takes about a year), we would like him to visit us as a tourist for a month or two on his B1/B2 visa. Has anyone had experience with this? We are wondering if it is problematic if he applies for an IR-5 and at the same time visits the US as a tourist.

 

Thank you in advance for any insight.

[USS_Voyager 1,972]

22 minutes ago, rick313 said:

 We are wondering if it is problematic if he applies for an IR-5 and at the same time visits the US as a tourist.

Being a beneficiary of an IR-5 petition does not invalidate his B1/B2 visa. So yes, he can travel as a tourist. However, you should know that admission of a tourist into the US is solely at the discretion of the CBP officer at the port of entry. So they may ask him at the port of entry that if he is a beneficiary of an immigrant petition and he has to answer honestly. Then, they have to make a decision to let him in or not. Usually, there has to be something else that draw their attention to him, for example, if he shows up with 5 suitcases and they can find everything including the kitchen sink in there, so it appears that he is moving to the US and of course he can't do that on a B1/2 visa, so he'll be denied. On the other side, chances are they won't ask him anything and he will be admitted just fine. 

[WeGuyGal 1,052]

No issues visiting on a B2.. provided he has a return ticket and returns home to interview for the IR5 via CP

[rick313 5]

Many thanks for the replies and advice, I appreciate it!

[Junior11 14]

I had to look into this long and hard a while back. I applied on March 2018 for my mother and we had my daughter’s wedding here in October in USA, that she wouldn’t miss for the world.

I’ve explained to her that there is a CHANCE she might be sent back home from the airport. 

She decided not to take the chance, not for the financial risk, but for the long round trip on the same day, two continents forth and two continents back. (She has motion sickness)

 

Please let your father in law know about the possibility, and let him decide.

 

(My mom also has 10 years B2 visa 2014-2024)

Edited March 12, 2019 by Junior11

[Junior11 14]

Also if I may,  I suggest changing the title (if possible) to “Visiting on Tourist Visa while IR-5 is in Process.” That way it will get attention of people who has actually done so.

 

Your current title sounds like your father in law will adjust status while he’s visiting on B2, which is an entirely different situation.

[rick313 5]

On ‎3‎/‎12‎/‎2019 at 10:50 AM, Junior11 said:

I had to look into this long and hard a while back. I applied on March 2018 for my mother and we had my daughter’s wedding here in October in USA, that she wouldn’t miss for the world.

I’ve explained to her that there is a CHANCE she might be sent back home from the airport. 

She decided not to take the chance, not for the financial risk, but for the long round trip on the same day, two continents forth and two continents back. (She has motion sickness)

 

Please let your father in law know about the possibility, and let him decide.

 

(My mom also has 10 years B2 visa 2014-2024)

Thank you I appreciate the advice! Given you looked into this before, I am wondering: How did you arrive at the conclusion that visiting on a tourist visa (after applying for the IR-5) posed a risk that the foreign visitor would be turned away at the airport? Is there a stated policy somewhere indicating this was not allowed or frowned upon? Have a lot of visajourney posters reported such experiences? I'm trying to get a sense of how "real" the risk is and how likely foreign nationals might be turned away. Thanks again.  

[Junior11 14]

The fact that admission/refusal of a visitor is solely at the discretion of the port of entry officer, was my reasoning for the possibility. Officer’s main job is to screen visitors with immigrant intent out. 

When the officer asks my mother if she has any intent to immigrate to US, she would have to give the honest answer (yes) Of course, she would show her return ticket, wedding invitation etc. to demonstrate she intents to immigrate in the future, not at this trip. There is no way of knowing that particular custom officer’s approach to such visitors. Therefore I made my mother aware that there’s a CHANCE of refusal.

 

If your father-in-law decides to visit after all, please advise him to carry evidence that he will return back to his country after his visit.

In fact all non-immigrant visa holders are advised to carry such, everytime they visit. Most are not asked to present them at the port of entry. Having an immigrant petition in process will make it almost definite that he’ll have to present all the evidence he can, to demonstrate he’ll return back after the allowed visit time.

[SusieQQQ 11,586]

If the parent already has a B visa it’s probably fine but as above he should carry with him evidence to show why he will return after his trip. Entry is never guaranteed. The suspicion will exist that he will act like certain previous people and just stay and adjust status once he is in the country. 

Edited March 15, 2019 by SusieQQQ

[WeGuyGal 1,052]

11 hours ago, rick313 said:

Thank you I appreciate the advice! Given you looked into this before, I am wondering: How did you arrive at the conclusion that visiting on a tourist visa (after applying for the IR-5) posed a risk that the foreign visitor would be turned away at the airport? Is there a stated policy somewhere indicating this was not allowed or frowned upon? Have a lot of visajourney posters reported such experiences? I'm trying to get a sense of how "real" the risk is and how likely foreign nationals might be turned away. Thanks again.  

All visitors (b2 visa holders) are expected to leave the US after conclusion of their purpose of visit. With a pending immigrant petition, the IR5, that expectation to leave is minimized by a certain degree. Hence the aforementioned risk of a denial of entry.