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Visiting US while green card (based on father's citizenship) application is pending?

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  • Visiting US while green card (based on father's citizenship) application is pending?

    I am 26 and have a 10 yr US visitor visa (2009-2019) and have been to US approximately 5 times so far.

    My father is working in the US since 10 years and will be applying for citizenship soon.

    He also intends to apply for a green card for me (which I believe would take 5-6 years).

    My only concern is: will I be able to visit US during this 5-6 year period as a visitor on my visitor visa?

    I've read varying opinions: someone says NO, because they see that I have an immigrant intent now... someone says YES, if you can prove to IO that your stay is going to be temporary.

    Is there a clear answer?

  • #2
    There is no hard rule that you cannot visit the U.S. while a petition for you to immigrate is in process. It is a discretionary decision made by the Port of Entry officer when you arrive in the U.S.

    --Ray B

    Originally posted by Neville Katrak View Post
    I am 26 and have a 10 yr US visitor visa (2009-2019) and have been to US approximately 5 times so far.

    My father is working in the US since 10 years and will be applying for citizenship soon.

    He also intends to apply for a green card for me (which I believe would take 5-6 years).

    My only concern is: will I be able to visit US during this 5-6 year period as a visitor on my visitor visa?

    I've read varying opinions: someone says NO, because they see that I have an immigrant intent now... someone says YES, if you can prove to IO that your stay is going to be temporary.

    Is there a clear answer?

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