I-130 approved for parent. Can still come on valid B2?

[Dmitry07 52]

Couldn't find exact answer in search..

As title says, I-130 was just approved and sent to NVC. Still trying to figure out what happens, next, but the main question is:

Can the parent still come for a few months (as every year in the past) on a valid B2 tourist visa? Or is that not advisable/possible?

 

Thank you in advance and if you know of another topic covering steps after i-130 approval, please link here.

[arken 4,197]

The parent can come but he/she may or may not be allowed in, it all depends what the POE officer sees at the time. If it is already at NVC stage, i suggest waiting few more months for visa interview and then only travel with the new immigrant visa.

[WeGuyGal 1,052]

they can visit

 

Good to remember only USCs are guaranteed US admission, rest are at CBP discretion. 

[Dmitry07 52]

Thank you for the answers. Since the case is still 'en route' to NVC and there will be other documents required for submission (support, etc) the actual visa in hand won't happen for quiet some time (we're not in a rush anyway)

 

Will the POE officer have some sort of information in the system that I-130 was approved, but no visa yet, etc? Or will he just look at what's in the passport and go with it?

 

Just trying to understand where the fact of i-130 approval is listed. In theory, if we don't proceed with it (for whatever reasons), she should still continue travel on B2 visa, no?

[SusieQQQ 11,586]

20 minutes ago, Dmitry07 said:

Thank you for the answers. Since the case is still 'en route' to NVC and there will be other documents required for submission (support, etc) the actual visa in hand won't happen for quiet some time (we're not in a rush anyway)

 

Will the POE officer have some sort of information in the system that I-130 was approved, but no visa yet, etc? Or will he just look at what's in the passport and go with it?

 

Just trying to understand where the fact of i-130 approval is listed. In theory, if we don't proceed with it (for whatever reasons), she should still continue travel on B2 visa, no?

Yes, the officer will know. (The US consulate in my country knew that I had an approved I130 when they were deciding on whether to issue B visas for my children and asked me about it ... so yes, assume Big Brother knows everything.)

 

Entry is at discretion of the CBP officer. Your parent may be asked to show evidence of ties to return home after his/her visit. If s/he is unable to show these and officer suspects she is attempting to gain entry to AOS, denial of entry is likely. So it all depends on proof of ties. 

 

 

[Dmitry07 52]

15 minutes ago, SusieQQQ said:

Yes, the officer will know. (The US consulate in my country knew that I had an approved I130 when they were deciding on whether to issue B visas for my children and asked me about it ... so yes, assume Big Brother knows everything.)

Here the B visa is already present, so the consulate is not involved, just the POE officer's decision, which shouldn't be any different than any other entry?

[SusieQQQ 11,586]

7 minutes ago, Dmitry07 said:

Here the B visa is already present, so the consulate is not involved, just the POE officer's decision, which shouldn't be any different than any other entry?

i understand that.  The point was explaining to you that the system links everyone, even just family of someone with an I130 can and do get questioned. They all have access to the same system, and in your case it is the actual person with the approved i130 wanting to enter. People already holding B visas do get refused entry.  You asked will they know - the answer is yes; you asked is there a risk they get denied - the answer is yes, it depends on ties. They issue most B visas for 10 years so they are perfectly aware that one issued initially can have its holder change to immigrant intent later on. So they will assess at every entry. Of course your parent will be able to prove existing ties back home and reasons to return after his trip, correct?

[Dmitry07 52]

14 minutes ago, SusieQQQ said:

i understand that.  The point was explaining to you that the system links everyone, even just family of someone with an I130 can and do get questioned. They all have access to the same system, and in your case it is the actual person with the approved i130 wanting to enter. People already holding B visas do get refused entry.  You asked will they know - the answer is yes; you asked is there a risk they get denied - the answer is yes, it depends on ties. They issue most B visas for 10 years so they are perfectly aware that one issued initially can have its holder change to immigrant intent later on. So they will assess at every entry. Of course your parent will be able to prove existing ties back home and reasons to return after his trip, correct?

Parent has been coming every year for the last 10+ years, and never had to prove much except stating they are coming to see family and staying for 2-3 months. Another issue is language barrier, which would be disastrous in case something happened

I guess main question is how big of an effect approved i-130 has on b2. From my understanding, i-130 is indefinite, so not real timeframes to pursue it as long as pay annual fees for it.

[SusieQQQ 11,586]

18 minutes ago, Dmitry07 said:

Parent has been coming every year for the last 10+ years, and never had to prove much except stating they are coming to see family and staying for 2-3 months. Another issue is language barrier, which would be disastrous in case something happened

I guess main question is how big of an effect approved i-130 has on b2. From my understanding, i-130 is indefinite, so not real timeframes to pursue it as long as pay annual fees for it.

The flip side is that as an IR5 as long as it has been approved, if your parent is allowed in he could file for AOS immediately.  That will be what concerns CBP. Remember that by law every person seeking entry is regarded as an intending immigrant until they can prove otherwise. 

 

Section 214 of the INA

(b) Every alien (other than [people who your parent is not] ) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15).

 

---

(It is generally assumed that if you file an I130 you mean to follow it through rather than leave it indefinitely, by the way. And an I130 is a pretty strong indication of immigrant intent, that is why it is a question asked on the B visa form in the first place. Your parent would now be answering that differently.)

 

Anyway i believe your questions have now been fully answered. It's up to you to decide whether to risk it or wait.

Edited June 14, 2019 by SusieQQQ

[Boiler 45,499]

Many people visit whilst things are in process, we have a mega thread about it.

[Dmitry07 52]

3 hours ago, SusieQQQ said:

The flip side is that as an IR5 as long as it has been approved, if your parent is allowed in he could file for AOS immediately.  That will be what concerns CBP. Remember that by law every person seeking entry is regarded as an intending immigrant until they can prove otherwise. 

---

(It is generally assumed that if you file an I130 you mean to follow it through rather than leave it indefinitely, by the way. And an I130 is a pretty strong indication of immigrant intent, that is why it is a question asked on the B visa form in the first place. Your parent would now be answering that differently.)

 

Anyway i believe your questions have now been fully answered. It's up to you to decide whether to risk it or wait.

Good points all around. Thank you!

 

3 hours ago, Boiler said:

Many people visit whilst things are in process, we have a mega thread about it.

Link please? Thank you.