Can I Travel to the USA with a Pending I-130 Petition?

[Rayman2025 0]

 

 

I have been invited to speak at a conference in the USA. My partner, who is a U.S. citizen, has filed an I-130 petition for me as we plan to move there eventually. I also have a job offer, and the employer is in the process of sponsoring an O-1 visa for me.

 

1. Can I apply for an ESTA to attend the conference, and am I likely to be admitted?

 

 

2. Will traveling to the USA on an ESTA impact my I-130 petition or future O-1 visa application?

 

 

 

Any advice or guidance would be greatly appreciated

. Thank you!

 

[Boiler 46,047]

Yes 

 

No

 

i assume this not paid gig in anyway

[Rayman2025 0]

9 minutes ago, Boiler said:

Yes 

 

No

 

i assume this not paid gig in anyway

Thanks

 

Not paid for the talk just reimbursed airfare and hotels.

 

 

[WoodlandsFamily 15]

4 minutes ago, Rayman2025 said:

Thanks

 

Not paid for the talk just reimbursed airfare and hotels.

 

 

I've read that as you have shown immigrant intent with your i-130 pending, and O1 visa on file you should not apply and travel on ESTA. You can travel on a B1 visa if it's valid and you already had it but ESTA no. 

 

Try it by all means, take lots of proof of your return home but you may get a denial or refusal at the port of entry and of course that would be awful. Applying for ESTA takes 24 hours if that so you'll soon know. Good luck 😉 

[WoodlandsFamily 15]

6 minutes ago, WoodlandsFamily said:

I've read that as you have shown immigrant intent with your i-130 pending, and O1 visa on file you should not apply and travel on ESTA. You can travel on a B1 visa if it's valid and you already had it but ESTA no. 

 

Try it by all means, take lots of proof of your return home but you may get a denial or refusal at the port of entry and of course that would be awful. Applying for ESTA takes 24 hours if that so you'll soon know. Good luck 😉 

 

[Boiler 46,047]

I entered many times on the VWP

 

We have a mega thread on the subject

[WoodlandsFamily 15]

1 minute ago, Boiler said:

I entered many times on the VWP

 

We have a mega thread on the subject

Well why do lawyers say no don't risk it? It makes no sense that it says no when you read up on it as well. 

[WoodlandsFamily 15]

5 minutes ago, Boiler said:

I entered many times on the VWP

 

We have a mega thread on the subject

Can you find the thread for me? And the OP too 

[Lil bear 4,323]

10 minutes ago, WoodlandsFamily said:

 

Not sure your source for this. AI generated  answer??? Because it is not the full understanding 

[Boiler 46,047]

There is also one in the K1 forum

Edited yesterday at 01:42 PM by Boiler

[WoodlandsFamily 15]

2 minutes ago, Lil bear said:

Not sure your source for this. AI generated  answer??? Because it is not the full understanding 

Just one of the answers on Google. Usually suggesting it's a risk and open to secondary inspection at the port of entry. It can be done but it does suggest it's not always straight forward.

1 minute ago, Boiler said:

There is not her one in the K1 forum

Thanks 👍 

[Boiler 46,047]

No different to any other entry, I always said visiting GF

52 minutes ago, Rayman2025 said:

Thanks

 

Not paid for the talk just reimbursed airfare and hotels.

 

 

Now that could be an issue, well I suppose it is unlikely they would know but….

[Lil bear 4,323]

32 minutes ago, WoodlandsFamily said:

Just one of the answers on Google. Usually suggesting it's a risk and open to secondary inspection at the port of entry. It can be done but it does suggest it's not always straight forward.

Thanks 👍 

Google.  Nah. It’s not going to be able to draw together the many aspects of this issue. 
Follow boilers advice for a good start to understanding 

 

For anyone other than a USC, entry is always att v the discretion  of the CBP officer at POE ..  but its not always complicated 

Edited yesterday at 02:15 PM by Lil bear

[Daphne . 1,918]

2 hours ago, WoodlandsFamily said:

I've read that as you have shown immigrant intent with your i-130 pending, and O1 visa on file you should not apply and travel on ESTA. You can travel on a B1 visa if it's valid and you already had it but ESTA no. 

 

Try it by all means, take lots of proof of your return home but you may get a denial or refusal at the port of entry and of course that would be awful. Applying for ESTA takes 24 hours if that so you'll soon know. Good luck 😉 

This is not true… 

 

I traveled on my Esta multiple times while my I-130 was processing and was even able to apply for a new one during that time. 

[Daphne . 1,918]

2 hours ago, WoodlandsFamily said:

Well why do lawyers say no don't risk it? It makes no sense that it says no when you read up on it as well. 

My lawyer never said anything like that, they did say that it’s always up to CBP if they let you in. Even if you do get denied entry on an Esta or tourist visa because they think you won’t leave the US after your visit (suspected immigrant intent), it won’t impact a pending I-130.