Visitor visa while petition is being filed

[Jamaica love 5]

Good morning, just a quick question.   My daughter has a visitor visa and she is being petitioned by her father who is permanent resident, she is awaiting interview (DQ) but due to the executive order that was signed her petition is on hold.  Just want to ask if it is possible she could visit US now for a short vacation, or would it create any problems with her current filing process?

 

[Dashinka 24,498]

As long as she does not violate the terms of any entry, and within COVID restrictions, she should be able to visit without it impacting any pending application.

 

Good Luck!

[SusieQQQ 11,586]

FYI the executive order has been rescinded a few days ago. 
 

How old is she, over 21, under 21?
 

If she tries to visit suggest she brings strong proof of her ties to home/reasons why her stay in the US will only be a short one.

[Jamaica love 5]

15 minutes ago, SusieQQQ said:

FYI the executive order has been rescinded a few days ago. 
 

How old is she, over 21, under 21?
 

If she tries to visit suggest she brings strong proof of her ties to home/reasons why her stay in the US will only be a short one.

She will be 21 in two days time.  Thanks for your response.  I was looking at the information but I did not see where "permanent residence filing for minor" (F2 category I hink) was identified.  I see where other categories were mentioned.  Maybe an oversight on my part.

[SusieQQQ 11,586]

1 minute ago, Jamaica love said:

She will be 21 in two days time.  Thanks for your response.  I was looking at the information but I did not see where "permanent residence filing for minor" (F2 category I hink) was identified.  I see where other categories were mentioned.  Maybe an oversight on my part.

No categories were specifically identified in the order, all family categories are unbanned.

 

So she’s F2A, that may be a little tricky because there could be suspicion she will adjust status, does she have a permanent job or enrolled at college/university or something at home?

[HRQX 4,145]

17 minutes ago, Jamaica love said:

I was looking at the information but I did not see where "permanent residence filing for minor" (F2 category I hink) was identified.  I see where other categories were mentioned.

The relevant proclamation (PP 10014) was revoked in its entirety: https://www.federalregister.gov/documents/2021/03/01/2021-04279/revoking-proclamation-10014 Your daughter's category is no longer banned.

Edited March 1, 2021 by HRQX

[Jamaica love 5]

46 minutes ago, Dashinka said:

As long as she does not violate the terms of any entry, and within COVID restrictions, she should be able to visit without it impacting any pending application.

 

Good Luck!

Thanks for your response....

[Jamaica love 5]

27 minutes ago, SusieQQQ said:

No categories were specifically identified in the order, all family categories are unbanned.

 

So she’s F2A, that may be a little tricky because there could be suspicion she will adjust status, does she have a permanent job or enrolled at college/university or something at home?

I understand and it makes sense, but unfortunately she is not in a enrolled in a college and she does not have a job....it is really tricky for real....

 

[SusieQQQ 11,586]

1 minute ago, Jamaica love said:

I understand and it makes sense, but unfortunately she is not in a enrolled in a college and she does not have a job....it is really tricky for real....

 

For someone of her age, that could be a challenge even without a pending immigrant petition. I mean, she can take her chances - people without ties do get admitted, believability does come into it - but she should also be prepared for the possibility of being refused entry if she tries. She should make sure she has absolutely nothing with her that might be interpreted as planning to stay (example don’t bring any of the documents she would need to adjust, only appropriate clothing for the weather at destination and duration of stay, etc)

[Jamaica love 5]

26 minutes ago, HRQX said:

The relevant proclamation (PP 10014) was revoked in its entirety: https://www.federalregister.gov/documents/2021/03/01/2021-04279/revoking-proclamation-10014 Your daughter's category is no longer banned.

Oh lovely...Thanks for this information...Really appreciate it....I guess its better she wait, although this could take a long time...considering the backlog...

 

[Jamaica love 5]

6 minutes ago, SusieQQQ said:

For someone of her age, that could be a challenge even without a pending immigrant petition. I mean, she can take her chances - people without ties do get admitted, believability does come into it - but she should also be prepared for the possibility of being refused entry if she tries. She should make sure she has absolutely nothing with her that might be interpreted as planning to stay (example don’t bring any of the documents she would need to adjust, only appropriate clothing for the weather at destination and duration of stay, etc)

Sounds like a good idea....Thanks for your input...But that is so risky tho....😊.. gonna sleep on it...