Requesting B2 visa for son during greencard process

[brucekei]

Hi,

My wife and I have a B1/B2 visitor visa.
We have a 1yr old son and would like to arrange a B1/B2 visa for him as well for a short trip later this year.

The thing is, we won the greencard lottery this year and submitted immigration form DS260.
One of the questions in form DS160 (tourist visa application) is:
"Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?"

Should I answer yes and explain my situation?
Is there a risk that they would reject my visa request on the grounds of my greencard application?

Thanks in advance,
Bruce.

[peace999]

Yes, there is a risk . When you will apply for your son's visa, not only will they deny his visa, they can cancel both your visitor visas as well. This is due to the lottery petition which you will have to declare.

[brucekei]

thank you, peace999.

So should I answer 'no' instead? Or are you saying that I cannot get a visitor visa for my son and must wait until I am issued a greencard (if at all)?

A greencard is not yet guaranteed. We have only submitted the initial forms. Does the fact that I applied for it compromises any future tourist visa requests?

I have visited US a couple of times in the past and has never had any intentions on immigrating illegally.

Thanks,
Bruce.

[peace999]

NO. you have to write 'yes' about the immigrant petition since you filed form 260.

Several people are successful for a visitor visa, when they have an immigrant petition pending . This happens when the officer gets convinced that
their visit is actually temporary and the immigrant petition is years in distance to get matured.

But when you apply for a visitor visa so close to a petition being matured, there is a risk of denial for a visitor visa and cancellation of existing ones.

I am not a diversity lottery expert and I do not want to mislead you into a wrong decision, so talk to a good immigration attorney before taking the decision for
your son's visitor visa.