My parents are considering visiting the US for a few months. They have a pending Immigrant Visa application via consular processing. They have a valid non-immigrant visitor's visa. Is it OK for them to travel with a pending Immigrant Visa application?
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It depends on which non-immigrant visa they have.
With B1/B2 visa, they'll have to prove that their intention is NOT to enter into USA to file 485 (AOS) & they will surely return after sometime.- I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.
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Originally posted by i485 View PostMy parents are considering visiting the US for a few months. They have a pending Immigrant Visa application via consular processing. They have a valid non-immigrant visitor's visa. Is it OK for them to travel with a pending Immigrant Visa application?
Yes. They can travel with the help of B visa status. But at the time of port of entry, If CBP officer raises any questions about immigrant intent, they will be in the situation to satisfy them with the requirement of B visa.
All the best.
Thanks
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Very rightly commented, it's a big risk of entering in a place where your IV is underprocessing and these us officials at times behave in such a manner that your position becomes very occurred and they don't listen to your any justified explanation, on the top of it they will send you back with the stigma of ten years BAN, So you have to take a call, why I articulated as I was also planning to take this route as my IV is yet not known and I was thinking to spend few months with my Son, who is US citizen, but after thorough analysis and someone's personal experience, I have decided to hold my horses and wait for my final IV interview and then only enter the cave. This is my unwarranted advice,but still thought to write it to help someone who is also in same situation as I am
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Hi i485, my son who is US citizen is sponsoring my GC. We recently submitted required financial and civil documents with NVC after I-130 approval. I am also planning to travel to US during Feb 22 with my valid B1/B2 visa. Would like to know if your parents were asked any specific questions or purpose of visit at port of entry during their visit? Thank you.
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Yes, since this November many parents have travelled for tourism/visit purpose with I-130 approval and also after being documentarily qualified. From reports from different port of entry (Newark, Washington, Chicago and SFO), most were only asked for "reason to visit", "how long are you staying" or "who are you visiting". Its advisable to carry return ticket. Only 1 report of extra questioning, but so far no negative reports.
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