B1/B2 visa with a pending/ approved i-130 for parent

[Jeniafrench 8]

Hi, I filed a i-130 for my mother back in March. The case is currently being actively reviewed and no decision on the petition yet.

My mom has a tourist visa interview appointment on Oct 12 scheduled probably about a year ago (she is from Russia, so things are complicated). She intends to go to the interview, as she would like to visit me in December for a couple of weeks (no intention to stay), prior to officially moving after the immigrant visa is eventually approved and issued. 

 

I understand that it is allowed to apply for a tourist visa and travel with a pending i-130, BUT is it allowed with an approved i-130? I'm looking at the immigration timelines, and I understand that hypothetically we may get an approval any day now.

 

Any clarification will be appreciated.

 

[Boiler 45,783]

Yes she can apply. 

 

[Lil bear 4,263]

5 minutes ago, Jeniafrench said:

Hi, I filed a i-130 for my mother back in March. The case is currently being actively reviewed and no decision on the petition yet.

My mom has a tourist visa interview appointment on Oct 12 scheduled probably about a year ago (she is from Russia, so things are complicated). She intends to go to the interview, as she would like to visit me in December for a couple of weeks (no intention to stay), prior to officially moving after the immigrant visa is eventually approved and issued. 

 

I understand that it is allowed to apply for a tourist visa and travel with a pending i-130, BUT is it allowed with an approved i-130? I'm looking at the immigration timelines, and I understand that hypothetically we may get an approval any day now.

 

Any clarification will be appreciated.

 

There is nothing which specifically excludes a tourist  visa being granted when an I130 is either in process or approved .. but.. she has declared immigrant intention and it may be very likely that she is refused as she can easily apply for AOS when she is in the US .. and the circumstances for her with the conflict in the Russian region would make AOS possibly very appealing. Nothing to lose by attending the interview.. but i wouldn't expect a positive outcome 😓

[Jeniafrench 8]

1 hour ago, Lil bear said:

There is nothing which specifically excludes a tourist  visa being granted when an I130 is either in process or approved .. but.. she has declared immigrant intention and it may be very likely that she is refused as she can easily apply for AOS when she is in the US .. and the circumstances for her with the conflict in the Russian region would make AOS possibly very appealing. Nothing to lose by attending the interview.. but i wouldn't expect a positive outcome 😓

We want to try anyway.. She has had multiple US visas in the past, always really short trips. And some ties to home still.

[Lil bear 4,263]

12 minutes ago, Jeniafrench said:

We want to try anyway.. She has had multiple US visas in the past, always really short trips. And some ties to home still.

Yep. Worth the try