Visa waiver program while immigrant petition is pending

[k1spain 0]

I am curious about this thing lately and I'd be happy if somebody can give me any thoughts.

Let's suppose that I am a dual citizen (USA/Spain) and I apply for an immigrant visa for my sister who is european (Spain), single and over 21 years old.

I am wondering if she could come to visit me in the USA using the Visa Waiver program (no visa required for stays up to 90 days) while she has the immigrant petition pending, which can take up to more than 7 years or if she would need to apply for a tourist visa everytime she would like to come to see me.

I'm wondering how the POE sees the people in this situation. Probably same as the fiances who come to visit their other half while the petition is pending and they are sent back?

Is there any european who have filed for parents or siblings? How are you guys dealing with this?

Thanks

[Boiler 45,525]

I am curious about this thing lately and I'd be happy if somebody can give me any thoughts.

Let's suppose that I am a dual citizen (USA/Spain) and I apply for an immigrant visa for my sister who is european (Spain), single and over 21 years old.

I am wondering if she could come to visit me in the USA using the Visa Waiver program (no visa required for stays up to 90 days) while she has the immigrant petition pending, which can take up to more than 7 years or if she would need to apply for a tourist visa everytime she would like to come to see me.

I'm wondering how the POE sees the people in this situation. Probably same as the fiances who come to visit their other half while the petition is pending and they are sent back?

Is there any european who have filed for parents or siblings? How are you guys dealing with this?

Thanks

I am English but the prinicpal is the same as Europeans.

She can use the VWP. Might be subject tompre questions on non immigrant intent, but probably not more so than anybody else.

[Tinker 0]

I was told, that now I have a visa application in the systerm , to make sure I bring proof of ties to Canada. Canada is part of the VWP. I'd assume it would be the same thing.

[Kathryn41 3,205]

Actually, Canada is NOT part of the Visa Waiver Programme. Canada has a special relationship that is rather unique- Canadians do not generally require visas to visit so there is no visa to be waived. Proof of Canadian citizenship is required to cross the border into the US, and while Canadians can technically visit the US for up to 6 cumulative months per year, it is still the border guard who decides how long each individual is allowed to stay. Yes, Canadians crossing the border - especially ones with eventual immigrant intent (a petition or visa application in the works) - need to be sure that they carry proof of their ties to Canada with them to show that they do not intend to remain in the US on that visit. For that matter, anyone who has eventual immigrant intent needs to be prepared to verify the ties to their home country when they present themselves as a visitor at the US border, whether they are visa exempt, visa waiver or visa required.

Edited June 17, 2007 by Kathryn41

[UKLady 0]

Hi

I have a I-130 pending with california for the last 3 years and I continue to travel back and forth to the States every 3 months without any problems. All they ask at immigration is how long I am staying and what is my job and more times then not they dont even ask me that, just stamp my passport.

I travel though Chicago, no problems there for me.

Karen

[k1spain 0]

Thank you all for your replies.