Entering USA on B2 Visa while awaiting the approved Immigrant Visa (i-130)

[Bianke]

Good Afternoon all,

I seriously need your help here! My mother has a current, valid visitor's visa and would like to come visit for a few months while we await the new visa to be finalized. She has had her interview already as well as her medical exam. The petition I-130 has been approved, the medical records just need to be finished being reviewed and she has a petition I-160 that's in process right now. What's delaying things at this point is the criminal history waiver, which we are told may take as long as 6 months...

She has never been deported or over-stayed her welcome in the U.S.

The problem is that she doesn't have any other choice but to come here and visit for a few months and then return once everything is ready in South Africa for her to pick up. (She no longer has a place to stay and I have a newborn and need to return to work in a few weeks).


My fear is that she will be sent back by a border/customs official upon entry because she is using a visitor's visa and they will see that she has a pending immigrant visa in process. Should this be of concern? Her ticket will be a round-trip one, and she will most definitely return to get the final visa and paperwork from the consulate but from what i've read online there could be a potential problem.

Please, any advice would be greatly appreciated - i'm sick to my stomach with worry and we are planning to book the ticket this evening.

Thanking you in advance,
Bianke

[jnk]

Your understanding is correct. But sometime who has pending immigrant visa also get visitor visa and she has already visa. So she can come and officer at the port of entry ask the question to her she needs to answer truthfully.

[jnk]

I have heard in the news that nowadays immigration officers at the port of entry are very strict with whomever enters the USA with a pending immigrant visa and may sometimes deny the entry, too. However, it varies case by case, so there is no harm to take a chance.