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deskev

Traveling To US with Valid Visitor Visa While i130 Is Pending

By deskev in Bringing Family Members of US Citizens to America

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deskev Newbie

deskev   0

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Timeline
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Hi 

 

I am a US Citizen. I recently filed i130 petition for my mother who also has traveled to the US before on a valid visitor's visa. I am trying to understand if there are any known restrictions on her traveling to US using her visitor's visa while her petition is still pending? Also, are there any other implications on her i130? 

 

At the time of filing for her i130, she was not in the country and so I had mentioned that on her application. 

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

There are no implication on the pending i130. There are no restrictions to travel to US with pending i130 but it’s up to the CBP’s discretion whether she will be allowed entry or not. 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

SusieQQQ Grand Master

SusieQQQ   11,587

Posted
Filed: Citizen (apr) Timeline
Posted

Question is, does she have good ties to home to demonstrate, or might CBP believe that she will actually be entering with intent to stay and adjust status? Yes she can travel, but entry is at the discretion of CBP and their assessment of her intentions. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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