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  • Visiting US while i-130 is under process

    I have a general question on the above subject.

    If we file a green card petition for a relative in a category whose visa number will not become current for the next 12 years or so, what would be the best way for the beneficiary to continue visiting the US once a year for short periods each year, for leisure or for business ? The beneficiary is prepared to guarantee the immigration officer at port of entry that he has no intention to stay back illegally till his green card petition is approved eventually.

    Is it not unfair to let other non immigrants visit the US freely whenever they want, but bar a green card applicant, just because an application is already in process ? Is this one way to discourage people from applying for green card ?

    I felt it should be the other way around: if a visitor is already on a i-130 process, the immigration dept already has more detailed information on him than on other casual visitors, so he should actually get priority while applying for a visitor's visa, without having to hide information about his pending i-130 application.

    Can some one please educate me on this ? There must be some rationale for this which I am not aware of.

    Thanks

  • #2
    Originally posted by NYCRambo View Post
    I have a general question on the above subject.

    If we file a green card petition for a relative in a category whose visa number will not become current for the next 12 years or so, what would be the best way for the beneficiary to continue visiting the US once a year for short periods each year, for leisure or for business ? The beneficiary is prepared to guarantee the immigration officer at port of entry that he has no intention to stay back illegally till his green card petition is approved eventually.

    Is it not unfair to let other non immigrants visit the US freely whenever they want, but bar a green card applicant, just because an application is already in process ? Is this one way to discourage people from applying for green card ?

    I felt it should be the other way around: if a visitor is already on a i-130 process, the immigration dept already has more detailed information on him than on other casual visitors, so he should actually get priority while applying for a visitor's visa, without having to hide information about his pending i-130 application.

    Can some one please educate me on this ? There must be some rationale for this which I am not aware of.

    Thanks

    Need not worry just go on apply for your visitor visa and be honest, I know alot of folks who went and got it and they were in the same possession as you..

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    • #3
      Originally posted by june05 View Post
      Need not worry just go on apply for your visitor visa and be honest, I know alot of folks who went and got it and they were in the same possession as you..
      I am a green card holder since 2004. The question is not about me. It was intended to be a general question about the logic of this policy.

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      • #4
        Originally posted by NYCRambo View Post
        I am a green card holder since 2004. The question is not about me. It was intended to be a general question about the logic of this policy.
        Ok well I beg to differ,,I think if its a case where the person already receive welcome letter ( in the final stage of filing)I will think that they would hesitate to give a visitor visa but prior to that I dont think there is a problem.

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        • #5
          Originally posted by june05 View Post
          Ok well I beg to differ,,I think if its a case where the person already receive welcome letter ( in the final stage of filing)I will think that they would hesitate to give a visitor visa but prior to that I dont think there is a problem.
          Thanks, that makes sense.

          I have no immediate immigration requirement. I visit this group out of general interest because this subject of immigration fascinates me.
          Presently a friend of mine ( a naturalized citizen ) is hesitating to file i-130 for his brother, because some one told him that after the i-130 is filed, his brother's travel to the US for the next 12 years or so may be in jeopardy. That is why I posed this question.

          Comment

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