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

[Crazy Cat 42,221]

4 hours ago, WoodlandsFamily said:

Just one of the answers on Google.

Was it the AI generated answer?  

[appleblossom 3,066]

4 hours ago, WoodlandsFamily said:

Well why do lawyers say no don't risk it? 

 

Which lawyers? Ours certainly didn’t say we couldn’t travel on ESTA with a pending petition, and we did so with no issues. 

[Cw1977 120]

5 hours ago, Daphne . said:

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. 

exactly same for me too. I think I prob entered 6 times using ESTA whilst my 130 was processing (mixture of holiday and work trips)

[Megadreams 81]

10 hours ago, WoodlandsFamily said:

 

Chiming in on this as well, I have successfully entered using VWP when my i-130 was still pending. The officer I talked to was fully aware of the petition and happily let me in. No idea where you got that information from, but it's not true whatsoever.

[Rocio0010 5,633]

10 hours ago, WoodlandsFamily said:

Well why do lawyers say no don't risk it?

Some lawyers have no idea what they are talking about... We have seen many in VisaJourney. Just because lawyers say something it does not mean it is accurate.

[WoodlandsFamily 15]

9 hours ago, Daphne . said:

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. 

That's what I mean though. I wouldn't want the risk of possible denial because of the immigrant intent already there. But if it works for others and the OP that's great 👍 

[WoodlandsFamily 15]

2 hours ago, Megadreams said:

Chiming in on this as well, I have successfully entered using VWP when my i-130 was still pending. The officer I talked to was fully aware of the petition and happily let me in. No idea where you got that information from, but it's not true whatsoever.

I got the information online and have heard lawyers say its a risk online also. I have heard it is up to the officer at the port of entry. Personally I wouldn't want to risk it but that's a personal choice based on my own circumstances. I have 5 children with pending I-130s and to be told no and go home would be financially and emotionally awful 😢 

[WoodlandsFamily 15]

8 hours ago, Crazy Cat said:

Was it the AI generated answer?  

No idea. Heard it from online lawyers too that it can be risky - shown immigrant intent blah blah 🤷 

[Lemonslice 4,963]

2 hours ago, WoodlandsFamily said:

That's what I mean though. I wouldn't want the risk of possible denial because of the immigrant intent already there. But if it works for others and the OP that's great 👍 

All countries can deny entry to visitors.  You shouldn't travel at all if that's too big of a risk for you.

 

Why do you think being denied entry would be that bad?  I can see it's no fun, but it has zero impact on the immigrant visa process (unless there was misrepresentation/illegal activities).

[Ryan H 3,832]

Moved from Progress Reports to Process & Procedures.

[WoodlandsFamily 15]

4 hours ago, Lemonslice said:

All countries can deny entry to visitors.  You shouldn't travel at all if that's too big of a risk for you.

 

Why do you think being denied entry would be that bad?  I can see it's no fun, but it has zero impact on the immigrant visa process (unless there was misrepresentation/illegal activities).

As I said to another member in the chat, I have 5 kids with pending 1-130 so if they were all denied at entry that would be pretty bad 👎 I'm not talking about the immigration impact I am referring to the having to go home after an 8 hr flight with 5 kids impact 😉 😂

[Cookie88 96]

1 hour ago, WoodlandsFamily said:

As I said to another member in the chat, I have 5 kids with pending 1-130 so if they were all denied at entry that would be pretty bad 👎 I'm not talking about the immigration impact I am referring to the having to go home after an 8 hr flight with 5 kids impact 😉 😂

I understand the fear, as I had the same fear traveling with just 2 kids and we all had pending I-130's. A lawyer told me it was up to the immigration officer to let us in or not, but seemed to be discouraging attempting it. It was others I spoke to that told me it's not a big deal. I did research online and only heard of good outcomes, didn't hear of anyone getting sent back because of a pending I-130. We were traveling on standby flight benefits though, so I did have a plan B if we were rejected entry to just fly to Canada on the shortest flight and get some rest there before we figured out what to do about the time we had off 😅 I think that helped me get over the fear of spending so much money and traveling 24 hours to get to the US only to get refused. I totally get how you're feeling regarding the risk factor with that big of a family. 

 

At the end of the day, it's up to you and your peace of mind on whether or not you would want to try it. But just know that, I really have not read a single horror story on this. Another tip is to download the MPC app so you go in the shorter MPC line (kind of like global entry, but the free version - it's supposed to let you through quicker). You answer so many questions on the app prior to getting to the immigration counter, that typically you are not really asked much when at the counter. When I went, the MPC que was literally 5 minutes long (the other immigration line was huge and barely moving), we had about 3 families in front of us and the officer was keen to keep the line moving quickly so was stamping everyone quickly. All we got asked was 'are you here on vacation?'. I said 'yes'. He smiled and stamped our passports. He was very pleasant too. We were done so quickly we were the first ones from our flight at the baggage collection belt. 

[WoodlandsFamily 15]

3 hours ago, Cookie88 said:

I understand the fear, as I had the same fear traveling with just 2 kids and we all had pending I-130's. A lawyer told me it was up to the immigration officer to let us in or not, but seemed to be discouraging attempting it. It was others I spoke to that told me it's not a big deal. I did research online and only heard of good outcomes, didn't hear of anyone getting sent back because of a pending I-130. We were traveling on standby flight benefits though, so I did have a plan B if we were rejected entry to just fly to Canada on the shortest flight and get some rest there before we figured out what to do about the time we had off 😅 I think that helped me get over the fear of spending so much money and traveling 24 hours to get to the US only to get refused. I totally get how you're feeling regarding the risk factor with that big of a family. 

 

At the end of the day, it's up to you and your peace of mind on whether or not you would want to try it. But just know that, I really have not read a single horror story on this. Another tip is to download the MPC app so you go in the shorter MPC line (kind of like global entry, but the free version - it's supposed to let you through quicker). You answer so many questions on the app prior to getting to the immigration counter, that typically you are not really asked much when at the counter. When I went, the MPC que was literally 5 minutes long (the other immigration line was huge and barely moving), we had about 3 families in front of us and the officer was keen to keep the line moving quickly so was stamping everyone quickly. All we got asked was 'are you here on vacation?'. I said 'yes'. He smiled and stamped our passports. He was very pleasant too. We were done so quickly we were the first ones from our flight at the baggage collection belt. 

Thank you for your kind comments and understanding. I am hoping its gonna be this year we finally get the green cards and go. Fingers crossed. But thank you for the advice and help should we decide to go visit before. 😊 

[WoodlandsFamily 15]

3 hours ago, Cookie88 said:

I understand the fear, as I had the same fear traveling with just 2 kids and we all had pending I-130's. A lawyer told me it was up to the immigration officer to let us in or not, but seemed to be discouraging attempting it. It was others I spoke to that told me it's not a big deal. I did research online and only heard of good outcomes, didn't hear of anyone getting sent back because of a pending I-130. We were traveling on standby flight benefits though, so I did have a plan B if we were rejected entry to just fly to Canada on the shortest flight and get some rest there before we figured out what to do about the time we had off 😅 I think that helped me get over the fear of spending so much money and traveling 24 hours to get to the US only to get refused. I totally get how you're feeling regarding the risk factor with that big of a family. 

 

At the end of the day, it's up to you and your peace of mind on whether or not you would want to try it. But just know that, I really have not read a single horror story on this. Another tip is to download the MPC app so you go in the shorter MPC line (kind of like global entry, but the free version - it's supposed to let you through quicker). You answer so many questions on the app prior to getting to the immigration counter, that typically you are not really asked much when at the counter. When I went, the MPC que was literally 5 minutes long (the other immigration line was huge and barely moving), we had about 3 families in front of us and the officer was keen to keep the line moving quickly so was stamping everyone quickly. All we got asked was 'are you here on vacation?'. I said 'yes'. He smiled and stamped our passports. He was very pleasant too. We were done so quickly we were the first ones from our flight at the baggage collection belt. 

I notice that we have similar timelines. Good luck to you too! 🤞

[Cookie88 96]

59 minutes ago, WoodlandsFamily said:

I notice that we have similar timelines. Good luck to you too! 🤞

Just saw your PD! I've seen approvals up until 3rd October 2023. You should be hearing something within the next two weeks. Probably only a few more months left in the process. Good luck!