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Hello - I’ve consulted two lawyers and got differing opinions. My I-130 petition for my parents’ green card was approved in Jan 2023. Subsequently I applied for I-824 to send the case to the national visa center as they are currently overseas and need to apply for an immigrant visa. Country is China so I heard it may take a year. They have tickets to come to the US in March (we bought long time ago as they have valid B2 tourist visa). What I want to know is if they can come to the US on tourist visa while their immigrant visa interview is pending.
lawyer 1: no it’s risky. Custom agent will see that you have an immigration intent and will not allow them to enter with tourist visa
lawyer 2: yes absolutely. Just tell custom agent that you are excited to immigrate to the US one day but right now you want to enter the country as a tourist. Process will take a year. IF they get interview notice during their stay in the US, they can always go back for the interview as they will get notice a month in advance
I’m not really sure how risky it would be for them to travel here on their valid tourist visa
thank you
lawyer 1: no it’s risky. Custom agent will see that you have an immigration intent and will not allow them to enter with tourist visa
lawyer 2: yes absolutely. Just tell custom agent that you are excited to immigrate to the US one day but right now you want to enter the country as a tourist. Process will take a year. IF they get interview notice during their stay in the US, they can always go back for the interview as they will get notice a month in advance
I’m not really sure how risky it would be for them to travel here on their valid tourist visa
thank you
