Can I bring my son to US with B2 visa when his I-130 was pending

[Rebeccalee 2]

We applied I-130 for my son and the receipt date is 4/2/2022. However there's NO any update till now. It's still pending now. My husband really wanna see him. I plan go back to China and bring my son to see his father and spend the summer holiday together. Can I bring him to US with his B2 visa? We plan to send him back before school start. 

 

Thank you!

[Boiler 45,856]

Does he have a B?

[Lil bear 4,276]

9 minutes ago, Rebeccalee said:

We applied I-130 for my son and the receipt date is 4/2/2022. However there's NO any update till now. It's still pending now. My husband really wanna see him. I plan go back to China and bring my son to see his father and spend the summer holiday together. Can I bring him to US with his B2 visa? We plan to send him back before school start. 

 

Thank you!

If he currently holds a B2 visa then , yes , he can travel to the US for a visit.. BUT.. be prepared with strong documentary evidence that will persuade the CBP officer, at incoming US immigration, that he will be returning to China at the end of the visit. It will be up to the CBP officer to decide if he will be allowed to enter. The risk is that the officer may decide the risk of your son staying and applying for AOS is too high, and deny him entry. It wont affect his immigrant visa application, but it will be a difficult time having to leave him in the hands of CBP who will board him on a plane back to China 

[Rebeccalee 2]

2 minutes ago, Boiler said:

Does he have a B?

yes he already have B visa

[Rebeccalee 2]

1 minute ago, Lil bear said:

If he currently holds a B2 visa then , yes , he can travel to the US for a visit.. BUT.. be prepared with strong documentary evidence that will persuade the CBP officer, at incoming US immigration, that he will be returning to China at the end of the visit. It will be up to the CBP officer to decide if he will be allowed to enter. The risk is that the officer may decide the risk of your son staying and applying for AOS is too high, and deny him entry. It wont affect his immigrant visa application, but it will be a difficult time having to leave him in the hands of CBP who will board him on a plane back to China 

omg, if they really deny him entry, will they take my son alone and board him back? He's only 8 years old. Can I request to stay with my son and back to China together? 

[Lil bear 4,276]

Just now, Rebeccalee said:

omg, if they really deny him entry, will they take my son alone and board him back? He's only 8 years old. Can I request to stay with my son and back to China together? 

I would say so. I doubt they would want an unaccompanied minor on their hands ! 

[Rebeccalee 2]

On 7/6/2022 at 8:59 AM, Lil bear said:

I would say so. I doubt they would want an unaccompanied minor on their hands ! 

Thank you! !